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Can I Fight a Child Support Increase?

By Ephrat Livni, Esq. on November 23, 2015 10:05 AM

You can challenge a request for additional child support in court. When it comes to child support payments, the parents can either agree to a modification or they can put the request before a judge.

When asked, courts do review previous child support arrangements and the law does account for changes of circumstances, allowing downward or upward modifications of support. Whether you are being asked to pay more, or you are seeking a decrease in child support due to a change in your life, a judge will reconsider a previous arrangement. But be prepared to back up any claims you make with proof.

Weighing the Factors

Your ex is asking for more money for the kids and you cannot afford it. You will have an opportunity to explain why an increase in child support is not feasible at this time. Make it a point to have all of your financial information organized and to explain how your money is currently budgeted.

The court will weigh circumstances and concerns of both parents, as well as the child's needs. Does your kid need braces now or have expenses for the child somehow ballooned? Are you resisting a support modification because your job is insecure?

Whatever the reasons, a judge will consider them and weigh all the factors, trying to make a fair determination that serves the child and does not create impossible demands on parents.

Do Not Delay

If you face a child support modification request and you and your ex are not able to exchange cordially about such matters, speak to an attorney promptly. Do not delay, as being organized goes a long way to helping you make your case.

Similarly, if you find yourself in financial straits because of a sudden change in circumstances, act fast. Don't just fall behind in payments. Make a formal modification request and seek a new court order that reflects your current situation. You will not be punished for seeking to pay less. But failing to pay in full when support is due could get you into serious legal trouble.

If you need help with a child support modification, contact a family law attorney today.

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