When couples with dependent children get divorced part of the settlement process will always include a child custody decision. In most cases there will also be a determination on child support as well. Typically the non-custodial parent, will be ordered to pay some amount of child support to his or her former spouse who is now acting as the custodial parent. Child support payments are often one of the most common reasons for a post-divorce modification petition.
A parent can ask for a child support modification when there is a change in circumstances. Sometimes, the custodial parent will ask the court to increase the amount of money he or she is receiving each month because the non-custodial parent may have started to earn more money and therefore, the custodial parent feels that his or her ex can now afford to pay more each month if there is a change in circumstances since the last order. Similar, the non-custodial parent may seek a modification if his or her income has decreased. Whatever the reason, either parent can petition the court at anytime for a child support modification.
However, there are some limitations as to how often a parent can ask for a modification if they go directly through the Friend of the Court without an attorney. For example, while you can ask for a modification anytime after the original order has been established, if you file for a modification with the Friend of the Court, then you must wait three years before you can seek another modification directly with the Friend of the Court. On the other hand, if the other parent was the one who asked for and received the change then there is no limitation on how many times you can seek a modification or how much time has to pass between request, so long as you use a lawyer and there has been a change in circumstances.
Divorced parents can ask for child support modifications for many reasons and they often do. Whatever the reason, it is ultimately up to the court to decide whether or not to grant the petition. A modification in child support can have a big impact on either or both parents involved, as well as the children. Seeking the help of an experienced divorce attorney who understands the complete child support modification process is very important. If you are in need of a modification or your former spouse is seeking to modify a previous agreement, then please contact the Law Offices of Michael A. Robbins today. Call us at 248-646-7980, or get in touch with us online by