Anoka Family Law Lawyer & Attorney
Sometimes it is necessary to request a modification to child support. This is because circumstances do change, such as income. In order to request a child support modification, a motion must be made and your Anoka divorce lawyer can help you make this motion.
As for when to request a modification, it should be done with the finances of either party changes. It is important to ensure that the level of care that the child is used to is maintained. For instance, the custodial parent may lose their job, causing them to have to request more support from the payer. However, the payer may have hours cut at work, resulting in them having to request to make lower payments until they can find better employment or their hours go back to the level they once were.
Helping You Understand Modification
When you consult with Christian Peterson on modification of child support, it is important to look at a number of factors to ensure the modification can be requested. Those factors are:
- A substantial increase or decrease in the gross income of the obligor or oblige
- Substantial increase or decrease in the needs of the obligor, oblige, or the child
- Receipt of public assistance
- Either parent experiences a change in the cost of living
- The child has extraordinary medical expenses
- There is a change in the availability of health insurance or an increase or decrease in the costs of health care coverage
- There is a substantial increase or decrease in the costs of childcare
- The child emancipates him or herself
The type of evidence that can be provided to the court include paystubs, W-2 forms, medical bills, and bank statements. It has to be shown that the modification is warranted before it can ever be granted.
Assistance In Addressing Changes In Circumstance
Change in circumstance that can be backed up is enough to warrant a modification of child support. However, an order could be presumed unfair if the change in the current order does not change matters by at least 20 percent and in an amount of at least $75 higher or lower each month; if the medical support provisions in the current order cannot be enforced; if health care coverage is not available to the child; the current order is for a percentage rather than a specified dollar amount; the gross income of the obligor or oblige has decreased by at least 20 percent through no fault of their own; and a deviation was granted because the child lived outside of the country and no longer lives in that country.
If none of these factors have been established, the court may decide to deny the modification request. You and your Minnesota divorce lawyer will review all factors in the matter so you know whether or not you can move forward and how.