Modifications to Child Support
A post-divorce child support arrangement cannot be changed unless significant changes in your finances or personal life warrant a modification. If you have any questions about which circumstances can lead to modifications to child support, please contact experienced Rochester family law attorney Michael D. Schmitt today.
Modifications to Child Support | Changing an Obligation
Sometimes a child will no longer live with either parent and one parent is paying child support to the other. That parent should go to court right away and try to change the child support obligation and try to eliminate it. Child support is not payable to a parent who does not have their child living with them. If the child is away at college, the courts consider that a temporary relocation of the child and that will not trigger a change in the child support obligation. If the child moves out of the house, is not in school, and is no longer being supported by that parent, typically the courts will allow the child support obligation to be terminated even if the child has not yet turned 21 or is otherwise emancipated.
Modifications to Child Support | Job Loss
Sometimes after a child support order is entered, there is a change in circumstances. Those changes in circumstances can include loss of employment or a change in the custody of the child. What we can do is go back to court and get those issues readdressed. If you lose your job based on no fault of your own, you’re typically entitled to change your child support obligation. On the other hand, if you quit your job or get fired, the court generally is not going to allow you to use that as an excuse to change your child support amount. Additionally, if your income increases significantly, the other parent could take you back to court and ask for more child support.
Modifications to Child Support | Guidelines
Child support is only effective the date that you file a petition and you ask for it or the date that you start a divorce. You can’t go back years and years before you filed your petition and ask that you get child support going backwards. The court is typically only going to go back to the date of the filing of the petition.
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If you want a dedicated Rochester family law attorney to help you navigate your child custody case, please call our office today to get a free consultation with attorney Michael Schmitt.