If there has been a sudden change in your ability to provide child support, you may be wondering what your options are. Modifying child support payments is possible, but it is not necessarily simple. Here is what you need to know.
Can Child Support Payments Change?
It’s not uncommon for child support amounts to change periodically. The law allows for a review of child support every three years. If there has been a change in circumstances where a parent’s income has gone up or down by at least 15%, it’s not uncommon for a child support to be reviewed periodically and to be changed and adjusted.
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How to Change a Pre-Existing Arrangement
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.
Modifying Child Support Payments Based on 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.
Contact an Experienced Rochester Attorney for Help
Are you looking for help with modifying child support payments? Our Rochester family law attorney Mike Schmitt can help you navigate this difficult legal process. If you want guidance, please call our office today for a free consultation.