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Things to Consider Before Asking for a Child Support Modification

On Behalf of | Aug 6, 2020 | child support

There are cases when an adjustment in child support payments is warranted. There do have to extraordinary circumstances in Sarasota, Florida, however. Plus, the parent asking for the modification must take into consideration how often they ask for the adjustment. Keep in mind that this is a two-way street. The non-custodial parent can make the request as well as the custodial parent.

The main circumstance a court or judge will look at during child support modification cases is whether or not an extraordinary change in the obligor’s income or child’s needs exists. The non-custodial parent would have to prove that they lost their assets or job. Then, they might have to be able to prove that they will not be able to recoup the assets or income.

In the case of a child’s needs, an extreme change in their health that requires expensive medical treatment is something a judge or court will take into consideration. Both custodial and non-custodial parents need to keep in mind how important it truly is to take their case to court at that time. There are states where a modification case will only be heard once every two years.

A spouse who believes their former spouse’s income has significantly changed must be ready to prove their claim. Otherwise, it could be a futile attempt and the court will not take it lightly. So, to navigate these waters, either parent who wants to make their claim heard is encouraged to seek legal help. A family law legal expert understands what a court is looking, and they may be able to help. If any documents are missing, for example, guidance may be provided in the necessary direction. Legal help may also be able to provide peace of mind.