On behalf of Stange Law Firm, PC posted in support on Thursday, June 27, 2019.
It is not uncommon for circumstances to change following a divorce, which is why it is important for divorced couples in Clayton to understand the process of obtaining a post-divorce modification. Post-divorce modifications may be available for child support, child custody and other post-divorce concerns. As this blog recently discussed how child support is determined, it is also helpful to know how a child support modification or other post-divorce modification may be granted.
In general, a modification may be granted based on a significant change in circumstances. In circumstances of a child support modification, a significant change in circumstances of either the child or the parent may warrant a modification. The family law court, when evaluating a modification request, may consider the loss of a job, a change in household income, a change in marital status, a serious injury or a change in the child’s circumstances a change in circumstances warranting a child support modification.
A child support modification must be requested from the family law court and granted by the family law court. Either the paying parent or recipient parent may request a child support modification. The parents can also try to work a modification out. It is important to follow any child support order currently in place until the existing order is legally modified by the family law court. While a paying parent should continue paying required child support until a child support modification is granted by the family law court, a parent who is having difficulty meeting their child support obligations should seek a child support modification from the family law court as soon as they know it is needed.
Child support obligations are intended for the care and comfort of the child and children have a right to support from their parents. Because life changes following a divorce, and the family law system understands that, child support and other post-divorce modifications may be available, which is an option parents should be familiar with.