How Often Can a Person File for an Increase in Child Support After the Divorce Is Final?
Once a divorce is final, each party is responsible for upholding certain obligations of the divorce decree. If children are involved, the parent without custody is usually required to pay the custodial parent child support payments. Child support is designed to pay for the necessary living expenses of dependent children. If the financial situation of either parent changes, there may be a basis to have child support payments increased.
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Description
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A parent may file for an increase in child support as often as reasonably necessary to support the needs of the child. However, certain circumstances must exist to modify an existing support order. The amount of child support is calculated based on the needs of the child and the income of the parents at the time of the original divorce decree. If the child's needs change dramatically or if the support-paying parent has a significant increase in income, a modification in child support may be ordered. Alternatively, if the parent receiving support suffers an illness, job loss or reduction in income, this may also be a basis for changing a support order.
Process
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To receive an increase in child support, the party requesting the change must petition the court that provided the original divorce decree and file to have the support order modified.The steps involved in a post-decree modification are very similar to the pre-decree court process. Each party will be notified to appear in court to discuss the change request. The filing parent will be required to provide evidence to justify an increase in support while the support-paying parent will be required to provide proof of income and monthly expenses.
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Time Frame
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The amount of time it will take to modify an existing child support order depends on a few factors. Some states are efficient at processing modification requests and establishing new orders, while others are not. Once the petition is filed, a hearing will be scheduled to review evidence surrounding the modification request. Depending on the state, a hearing is scheduled one to two months in advance. The judicial officer will either approve or deny the modification request the day of the hearing.
Calculations
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Each individual state has a standard by which child support payments are calculated. The type of custody ordered is an important factor that determines how much a parent is required to pay. For example, if the custodial parent has sole custody of the child and the non-custodial parent has rights to visitation, in most cases the non-custodial parent will be ordered to pay a percentage of her income. In cases where custody is shared, child support is calculated based on the amount of time the child spends with each parent as well as how much money each parent earns. If a child has a special need, such as for a disability, the support-paying parent may be required to pay more.
Considerations
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It is important to note that just as a custodial parent can file for an increase in child support, a non-custodial parent can file for a decrease. Similar to the situations that would require the custodial parent to request a modification such as job loss or disability, the non-custodial parent may request a decrease on the same grounds. A non-custodial parent may petition to have the child support order modified if he is no longer able to meet the payment obligations. The support-paying parent will have to prove that the circumstances are significant enough to warrant a change in the original order.
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