Child Support Modification Attorney in Washington, D.C. Helping Fathers in Need

Why Would Someone Want to Modify a Child Support Order?

Regardless of who has custody of your children, you may find yourself in a position where you would like to change your child support order. Child support is not ordered as a punishment; it is an arrangement with the health and well-being of the child front and center. This means that the well-being of the parent is also considered when a court is determining a child support agreement. The judge does not want to put the paying parent in a position that is not sustainable for them. Likewise, the court does not want the primary custodial parent to struggle when taking care of their children.

Keeping this in mind, there are some situations where it may seem obvious that one parent or another would want to modify their child support order. Perhaps the loss of a job, or being promoted to a new position, or getting a new job that pays more.

If one parent or another decides to relocate, this could be grounds for obtaining a new child support order.

Factors the Court Considers When Determining Child Support

Courts look at many determining factors when they are deciding on child support. These factors may be true at the time of determination but can change with time, leaving the current judgment unfair. Here are some of the factors courts consider while making their determination:

• The income amount and source for both parents
• The assets possessed by both parents
• Fixed payments and debts awed by both parents
• The age of the children
• The amount of time either parent spends with the child
• Other relevant factors, such as medical needs

Some Common Reasons To Request a Modification to a Child Support Order

• The income of either parent has significantly increased or decreased.
• The child has gained significant or continuing medical costs.
• Childcare and insurance changes.
• The parents now live with each other
• The child in question has turned 18 and graduated from high school
• The child in question starts living with the noncustodial parent
• The noncustodial parent is incarcerated

How Does A Parent Request Altering a Child Support Order?

Parents are allowed to petition the court for a review and modification to their child support order at any time; this is called a “modification request.” The parent must feel like there is a significant enough change in circumstance that may affect the amount of a child support order. The change can be from the reasons listed above or any other substantial changes in circumstances.

There may be a fee associated with requesting a modification to your child support order, depending on which county you live in. You can request this fee be waived when filing your request, but the decision to waive the fee will ultimately be up to the Domestic Relations Sections, or DRS, which serves as the court’s child support enforcement agency.

If both parties agree to the modification, you can submit the signed agreement that outlines how the current order will be modified. The courts will want records of the incomes of both parents, so be sure to include this information.

If the parents can not agree on new terms, one parent can file a request for a modification and petition the court to determine whether the current order can and should be modified.

Why Would I Need a Child Support Modification Attorney?

It would be fantastic if all parents could come to an agreement on new terms in regard to a child support order, but that is only sometimes the case. Working closely with a child support modification lawyer can help ensure you are in a fair and healthy agreement that puts your child first.

Whether you are petitioning to lower the amount of child support you are paying to your ex-spouse, possibly because of a significant change in your employment, or you are asking the courts to increase the amount your ex-spouse is paying to you, an attorney will ensure the fairest outcome is achieved.

Even if you and your former spouse come to a new agreement in regards to a child support order, you should still consider speaking with an attorney. Your former spouse may already be working with a lawyer, one who has more experience in a family court than you and your former spouse. This know-how can put you at an unfair disadvantage, facing down an agreement that may look fair on the surface but may be more nefarious than you think.

Another thing to consider is that dealing with a child support modification is simply easier when you have a lawyer on your side. A lawyer can answer your questions. If your former spouse was the party to initiate a modification petition, your lawyer can help you understand the information they put forward. Suppose you are thinking of petitioning for a child support modification. In that case, an experienced lawyer can help you determine what is considered a substantial enough change to warrant a modification to the current order. Lawyers know how to navigate the court system. They can help you with the proper documentation as well as ensure you are filling them out correctly.

The Father’s Rights Firm can help you gather information you may not have access to. Suppose you feel like your former spouse needs to uphold the end of their responsibility, either by misallocating your child support payments or being less than honest about their total income. In that case, the Father’s Rights Firm has your back. Call 202-618-6262 to speak with an experienced child support modification attorney about your case.