How a Child Support Modification Works
Even when both ex-spouses agree the child support needs to be modified, the process needs to be done formally through the court system so the courts have an official record of the changes. This prevents any disputes from arising later on, ensuring the proper documents are kept to show exactly why the changes were made and when. In general, any major change in circumstances can be a cause for modifying child support. The change in circumstances may relate to the child or the change in circumstances may relate to one of the parents. Examples of change – illness, loss of job or income, marital changes and child custody.
How much child support can be modified depends entirely on the nature and extent of the changes in circumstances. Normally what happens is that the formula for calculating child support in your state will simply be applied again, this time taking into account all the factors relating to your new situation. If your spouse is applying to have your child support payments increased and you think this is unfair, you need to find out how to calculate child support in your state and then apply the calculation to your own situation to see how much you should be paying. If you’re on the other side and you think your ex should be paying more, find out how the calculation works in your state, apply it, and then you’ll get a good idea of how much the correct amount is.
The key to any successful mediation for modification is to be prepared. Your documentation is key to having the situation go in your favor regardless if you are the custodial or non-custodial parent.