How Do Subsequent Children Affect a Current Child Support Order?
Nov. 7, 2018
A number of lifestyle changes can affect a current child support order, including a new job and the birth of a new child. It’s important to note that child support will not automatically change when your life does, so you must be aware of the legal process to request a modification.
New Baby on the Way?
The birth of subsequent children can be brought up in proceedings for a modification of a current child support order. This modification will depend on a variety of factors, including whether or not the child is from another parent or born to the same parent and if there have been changes in income.
What situations merit a potential change in child support amounts? Your primary responsibility is showing the court that the facts that existed at the start of the order have changed a substantial amount since then. One example of this would be if your income has gone up or down by over 25%. While a modification is never guaranteed, that change would warrant a reassessment of your circumstances. Other events that could justify a reassessment include the birth of a new child, a change in the needs of the child, a child aging or a change in the financial circumstances of the parent with custody.
How Can You Request Modification of a Current Child Support Order?
First, you should never make modifications to a current child support order verbally. Unfortunately, many parents fall into the trap of modifying child support with an oral agreement and pay an amount that differs from the court order. Unless the court has formally changed your child support order, you should never deviate from paying the required amount and agree to a change verbally.
There are two primary ways to request a modification of a current child support order. Every 3 years, a parent can ask the office of Child Support Enforcement to review the order for modification. If you want to request a review, this should be put in writing. In the request, explain why you are asking the office to review the order and include any other relevant information. The second way is by filing a motion to modify a current child support order. This motion should be filed in the same circuit court that issued the order.
Lebovitz Law regularly reviews and files Motions/Petitions to Modify Child Support
If you have a baby on the way and you are concerned about the modification in your child support payments, you need an experienced lawyer on your side. To learn more about how we can assist you, please contact us today.