Once a child support order is set by the court, you may feel as though the terms of the settlement are set in stone. However, circumstances in life change, and in some cases, the situation may constitute a child support modification. A modification occurs when the court revises the divorce settlement to reflect a change in life. This change in life may reflect either the parents, or the child.

Either parent may file for child support modification three years after the original order is put in place. A parent may have lost a job or taken a substantial pay cut, affecting his or her ability to continue making child support payments. The court may reevaluate the child support payment based upon the new income level. If a parent is filing for modification because of a change in income, however, the income must have decreased by at least 15 percent in order to be considered by the court.

Some other reasons why a parent may file for a child support modification involve the incarceration of either parent. Once a parent is in jail it is considered involuntary unemployment. Jailed parents are no longer able to meet their child support obligations, and the judge may consider this during a modification. In addition, the child may experience significant medical issues or have extensive educational expenses that affects their need for more child support funds. Furthermore, the parenting plan may have changed to give the non-custodial parent more time with the child or full custody of the child, which would alter the child support roles.

For more information on divorce and family law, contact the attorneys of Rieger, LLP in Long Island today.

This information is intended to educate and should not be taken as legal advice.