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Do Circumstances Have to Change for Both Parties to Modify Child Support?

When child support agreements are established after a divorce finalizes, hopefully both parents feel financially stable and their children are able to live happily and with good health. This, of course, depends heavily on the here-and-now when the child support order is first created. As time goes on, what was useful and fair then may not be any longer. One parent or the other could feasibly find that they cannot live comfortably due to changes in circumstances, either paying too much each month or not receiving enough.

When this happens, will child support modifications be permitted? Or do both parties need to experience a significant change in their living and financial situations?

Child Support is for the Children

It is crucial to remember that the best interests of a child will always take precedent in family law court before, during, and after a divorce. Either parent can request a modification to the child support agreement at any time, but no progress should be expected if what is best for the children has not been considered.

The party paying child support can request the amount paid out each month be lessened if they are starting to fall behind on necessary payments because they lost their job, suffered an illness, and so on. But if this reduction in payment would seriously hamper the wellbeing of their child, the court might not approve it, regardless of the new financial situation.

The party receiving child support could request an increase in payments if they were fired, accrued medical bills, or if the payer won a significant raise. However, the court may question if the increase completely necessary. If the child is living comfortably and it cannot be shown that the new financial situation will cause them distress, the increase could be denied.

Support for Your Child Support Modification

No matter if you are the one paying or receiving child support payments, you will likely need legal guidance to create a proper petition for modification. Krusch Divorce Resolution and our Charlotte family law attorneys can help you navigate this complex legal process, taking away the stress and uncertainty of it all. Contact us today for additional information – we also have an office in South Carolina.

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