I think our existing child support order is unfair. How can I change it?
You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.
If you and your ex can't agree on a change, you must request the court to hold a hearing in which each of you can argue the pros and cons of the proposed modification. As a general rule, the court will not modify an existing order unless the parent proposing the modification can show a change of circumstances. This rule helps prevent the court from becoming overburdened with frequent and repetitive modification requests.
Depending on the circumstances, a modification may be temporary or permanent. Examples of the types of changes that frequently support temporary modification orders are:
- child's medical emergency
- the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or
- temporary economic or medical hardship on the part of the recipient parent.
A permanent modification may be awarded under one of the following circumstances:
- either parent receives additional income from remarriage
- job change of either parent
- cost of living increase
- disability of either parent, or
- needs of the child.
A permanent modification of a child support order will remain in effect until support is no longer required.
Copyright © 2005 Nolo
My Husband would like to go back to court to increase his visitation and reduce his child support. His ex-wife will not agree to a reduction or increased visitation.
Currently, he gets his child every other weekend, 1 evening a week and 1 week at christmas. His income has decreased by $9000 over the last few years. Her income has increased and the child is in school.
Will the courts consider my income? We have been married for 6 months and own a home.
Why is a parent required to pay child support but the courts DON'T require visitation. If a parent, unless proven otherwise, is stable to pay child support, he too should be able to foster a relationship with his child through visitation, etc. The court system is made for us women and I see too many fathers paying support and the baby mama dictating visitation because things aren't going her way. If the court can make a parent pay child support by filling out forms and submitting $25 why can't a parent paying support and wanting to see his child pay $25 to make this happen. It's very costly to get a lawyer for visitatin when all we have to pay is $25 to make a parent pay child support.
Currently I am paying my child support through garnishment of wages, to which I regret agreeing,and would like to know what I have to do to end it. My daughter is 19 and my son will be 18 in September. He will graduate before then in May/2006. My ex-wife plans to move him out to his brother's home after graduation. Is this not considered legal emancipation, and what can I do in that situation? Will my child support payments automatically end on my son's 18th birthday or will I have to provide documents? Thank You.
My former girl friend filed a child support law suit against me from Mississippi while I am living in Texas. The payment are garnished from my check automatically. Now she wants to petition the courts to stop or cancel my child support payments and re-open the case with a different judge/lawyer in Mississippi. What can I do?
Currently I reside in Nevada with my son who I pretty much have full timre. My soon to be ex-husband lives in California and is going to be filing divorce papers. There is a current child support order open in Nevada. I recently found out that he is making 2 times as much as he originally was when the support order was opened. Would if be better and possible to have the child support order through California? He is insisting that I "mark" a certain box on the papers saying that the court order is already through Nevada and I don't want it changed. I haven't seen the papers yet, but am trying to get a heads up on everything before they come and I can't afford an attorney. HELP?