A court order for child support may be impossible to pay when circumstances change, such as a change in employment, remarriage and the birth of another child, or the needs of the child have changed over time. In order to get the court to allow for a modification in child support, the changed circumstances must be proven to be permanent and substantial. A parent getting a higher paying job could allow the other parent to seek a higher amount in child support. A lower paying job could allow the parent to seek a reduction in the amount that must be paid in the support of the children.
You must request the modification through the court if you cannot pay child support, or wish to change an existing order. Any failure to pay is dangerous legally, and immediate action should be taken if you are in the position in which you can no longer afford the payments that were ordered by the court.
Overdue payments can be collected through legal action and you could face wage garnishment as well as other more serious legal trouble if you fail to pay child support as ordered. It is important that you contact a law firm with extensive experience in family law and post-decree modifications. I would like to meet with you to discuss your situation and advise you about what could be done to solve your problem.
How Often Are Payments Already Adjusted?
Child support payments are adjusted every two years to reflect the cost of living. If you have not had a child support payment reviewed and adjusted in three years, you have the right to request this review. Child support is calculated based upon state guidelines, and a minor change in circumstances is not considered to be enough to allow for changes in child support payments.
You may have lost of job or are working for less income than in the past; the other parent of your child(ren) may have had a significant increase in income, which could allow the court to require a higher payment for support, or your child may have specific needs, whether educations, medical or personal, at increased cost, that both parents should share. Whatever your situation, my firm, the Law Offices of Ryan E. Gilbert, LLC, can assist you.
Contact the Law Offices of Ryan E. Gilbert, LLC for Guidance
I have a background as a litigator and served as defense counsel for several Fortune 500 companies. My trial experience is extensive, and my ability to present a persuasive case, fully supported by documentation and evidence has proven to be beneficial to my clients who must modify a child custody order.
At Law Offices of Ryan E. Gilbert, LLC, our goal is to guide you through the complex legal process. Your best interests are our top priority. We will provide nothing less than our honest, professional opinions, giving you the information and resources needed to make the best possible decisions.
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