Can You Change Your Existing Child Support Order?

April 9, 2020 | Uncategorized | By Personal Injury Legal Directory | 0 Comments

When you and your spouse get divorced and have children together, one issue that the court will view as a priority is child support. While it is possible for you and your spouse to come to an agreement outside of court regarding the amount of money you or your spouse will be paying in child support, a court typically has a certain process they go through to determine the fair amount that one should pay in child support. This is often evaluated based on factors like both parents’ incomes, who has custody of the child, what childcare costs are, and others. If you are paying child support but would like to make a change to an existing child support order, this can be done with the help of a family law attorney. They can work with you to determine if it is possible in your situation to make this change and the best way to go about making the change. To speak with one of our caring attorneys, please call our office at your earliest convenience.

How do you change the child support agreement?

There are typically two ways that you can make a change to a child support agreement:

1.     Go straight to the other parent.

2.     Work it out through a court.

An Agreement Between Parents. Depending on how you and your spouse divorced—amicably or not—it is possible to come to an agreement outside of court regarding the new amount of child support. While this can be a great option especially if you and your ex-spouse can work it out on your own, it is important to not simply have a verbal agreement and assume your work is done. Even if the other parent has no problem with the change and is better able to support your child, things can become tricky fast if it is not down in writing. Once you and your ex-spouse come to an agreement on the new amount you are both okay with regarding child support, you should work with your attorney to get the new support order signed by a judge. Even if you have a verbal agreement, it is not in effect until a judge signs off on it. Additionally, the other parent could come back saying you have not been paying the full amount and you may have back child support to pay off.

A Court Order. If you are unable to agree on a new amount with the other parent, the best option is to work it out in court. When you do this, you and your attorney will need to file a written request through the court asking for an updated child support amount. When you do this, you must have a reason for making this change. This could be because:

  • You lost your job or have a reduced income.
  • Your ex-spouse gets a higher paying job.
  • You are now responsible for supporting multiple children.

While there are other reasons in addition to the ones listed above, it is certainly possible to change the amount you pay in child support. If you wish to make any changes to your payment, please contact the family law attorney, like a family law attorney in Fairfax, VA, today.

Thank you to the experts at May Law, LLP, for their insight and expertise in family law.