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When is it time to request a child support modification post-divorce?

On Behalf of | Oct 8, 2024 | DIVORCE - Child Custody |

Child support is a legally binding agreement that outlines a parent’s financial obligations to provide for their child’s needs. Sometimes, the initial order may not serve its purpose as the child’s needs or family circumstances evolve, making a modification necessary to better align with the child’s best interests.

However, knowing when it is time to file for child support modification depends on recognizing significant changes in circumstances. These circumstances may include the following:

A significant change in income status

If your income has changed drastically—whether due to a job loss, promotion or a shift in financial responsibilities—it may impact your ability to provide for the child under the current support arrangement. For example, a reduced income may make it difficult to maintain the same level of care or living conditions, while an increase in income could allow for better support, making a modification appropriate to reflect these changes in financial stability.

Disability, incarceration or deployment to active service

Significant changes in a parent’s ability to care for the child, such as becoming disabled, being incarcerated or being deployed to active military service, can drastically affect the existing support arrangement. In such cases, a modification may be necessary to better ensure the child receives consistent care and attention.

Loss of employment or changes in employment

The ability to maintain stable employment plays a crucial role in providing for a child’s needs. If a parent loses their job or experiences significant changes in their employment—such as working longer hours, taking on a night shift or relocating for work—it could impact their ability to fulfill their custodial responsibilities. In such cases, a child support modification may be necessary to adjust the visitation schedule or primary support arrangement to accommodate the parent’s new work situation, helping maintain the child’s routine and care.

If you’re considering seeking a modification, obtaining legal guidance can help you present a strong case based on your changed circumstances, leading to an arrangement that reflects your child’s best interests.

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