Child support helps to spread out the financial cost of raising a child. Courts are going to look at parents’ income and assets when they get divorced and issue a child support order.
But what if there’s a substantial change in the future? Are you able to modify the order, or are you just stuck paying that amount until your child turns 18?
Reasons for a modification
A substantial change in circumstances can lead to a modification. Do not do this on your own. Always uphold the order that is on file. But there are steps you can take to get the court to reconsider and modify that order, giving you a new legal obligation.
One reason for this is if you are incarcerated. If you’ve been arrested and you’re serving time, there’s no way for you to pay child support because you have no income.
Another reason is if your gross income has declined significanlty. For instance, maybe you lost a job and so you have no income. Or maybe you were forced to work part time due to a disability, so your income has been reduced. Perhaps you lost your job and got another one, but the pay is significantly less, so your total income has dropped.
Finally, you can sometimes ask for a modification if it has been three years since the order was last addressed. The court knows that things change over time, and parents who get divorced may have more than a decade before their children are legal adults. Sometimes, modifications are necessary.
The legal process
If you’re interested in the modification, take the time to carefully consider all of the legal steps involved in the process. An experienced attorney can often help.