Child Support Modification When Can It Help You?

Child support modification is a procedure whereby either parent can ask the Court to change the Court ordered child support amount. During a divorce the Judge orders a specific amout of child support to be paid by the non custodial parent.

After the divorce proceedings and child support Order either parents situation may change signicantly which may be grounds for filing for child support modification. Each state has uniform child support guidelines that consider certain factors when calculating child support.

Below are some of the factors that are taken into consideration by the Court when determining child support payments:

1. Number of subject children

2. Number of children age 12 or over

3. Number of overnights children spend with non custodial parent

4. Non custodial parent's gross monthly income

5. Monthly child support paid by non-custodial parent for children from a previous marriage

6. Monthly alimony support received by non-custodial parent from a previous marriage

7. Amount of monthly alimony support paid by non-custodial parent from a previous marriage

8. Monthly daycare cost paid by non-custodial parent

9 Monthly cost of family group health insurance paid by non-custodial parent

10. Gross monthly income of custodial parent

11. Amount of monthly child support paid by custodial parent for children from a previous marriage

12. Amount of monthly alimony support received by custodial parent from a previoius marriage

13. Amount of monthly alimony support paid by custodial parent from a previous marriage

14. Monthly daycare cost paid by custodial parent

15. Monthly cost of family group health insurance paid by Custodial Parent

While it is ultimately up to the court to determine the child support amount, if any of the above factors have changed significantly child support modification should be considered.

Many non-custodial parents have very strong feelings about their child support payment obligation and will go many a mile to avoid reducing payments. However, it is important to remember that if the non-custodial parent gets behind in payments the may face jail time. Sitting in jail is not good for the parent child relationship and should be avoided whenever possible.

The best time to approach the court to reduce child support payments is when there have been significant changes in either the custodial or non custodial parent's financial picture, and while support payments are current. If payments are in arrears the custodial parent may try to claim the need for modification is not real and only an attempt by the custodial parent to deflect attention from the arrearages.

In summary, if either parent's financial picture has significantly changed it might be wise to approach the court with a petition for child support modification as early as possible.