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Fighting Against A Child Support Modification

| Oct 14, 2019 | Child Support

If your ex-spouse pays you child support, you need those funds to help support your shared children in a happy and healthy home. If your child’s other parent is seeking a child support modification, it can be a stressful experience. After all, it’s unlikely that he or she is paying you more than you need. If you’re facing a child support modification filed by your child’s other parent, seek the professional legal counsel of an experienced Raleigh child support lawyer today.

When a Child Support Modification Is Appropriate

If your ex’s financial situation has changed significantly since child support was established by the court (or if it has been at least three years since child support was last calculated), he or she can file a petition for a modification. In the absence of three years intervening, the court will consider the petition if there is evidence that a significant change has occurred, including:

  • The parent obliged to pay child support (the obligor) non-voluntarily lost his or her job or received a significant pay cut.
  • The obligor’s expenses have gone up considerably as a result of something significant like new medical bills.
  • Your children’s circumstances have changed. For example, if they’ve transferred from an expensive private school to a public school.

If the change in circumstances results in at least a 15 percent decrease in the court’s child support calculation, the judge is likely to approve the modification.

When a Child Support Modification Is Inappropriate

Obtaining a hearing for a child support modification is not the same as receiving the modification, and the court will be certain to consider the matter from every angle. There are specific circumstances that will not garner a child support modification, including:

  • A significant voluntary decrease in the obligor’s income, barring other relevant factors
  • A voluntarily increased cost of living
  • The fact that your children are growing up
  • The obligor’s voluntarily bankruptcy filing
  • The obligor’s support payments for another child (that aren’t required by law)

If you know that any of these circumstances pertain – or suspect that any of these pertain – to your situation, this information is relevant to your child support modification hearing.

Your Case

Your children’s health, happiness, and well-being are predicated on having the financial resources to provide them with the care they need. If you are facing a child support modification, work closely with a qualified Raleigh child support lawyer to ensure that your children’s best interests are well protected.

If You Are Facing a Child Support Modification, Contact an Experienced Raleigh Child Support Lawyer Today

Receiving child support is critical to your ability to provide your children with what they need to continue to thrive. The skilled child support lawyers at  Daphne Edwards Divorce & Family Law in Raleigh have the experience, dedication, and compassion to aggressively advocate for the child support to which your children are entitled. For more information, please contact us online or call us at 919-891-8552 today.