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There are times when the initial agreement about child support is not relevant to the current situation anymore. If you are the one paying for child support, changes such as financial hardships may affect your ability to pay for monthly support. If you are the recepient of child support, some changes in your current situations may mean that the support you are getting is not enough.
It's best if the parents can agree about adjusting the amount of child support outside of court in order to come to a a more timely and amicable solution. When parents agree to change the terms of child support, they ask a court to approve the change, and they usually do as long as the amount is within the allowed threshold of the state. However, if the parents cannot agree on reducing or increasing the child support payment, the case usually goes to court. The court may agree to make temporary or permanent changes to child support, depending on the nature of the circumstances surrounding the request.
Here are a few reasons why a judge may approve a temporary change in the amount given for child support:
1. A temporary financial hardship on the part of either parents. - If you're the parent paying child support, you may be temporarily cash-strapped because you are experiencing temporary issues with your business, which may merit a temporary decrease in child support. If you're the custodial parent, it may merit a temporary increase in child support.
2. A temporary medical hardship. - You may have met an accident and cannot work for a few months while you are recovering. Medical issues can also pose a significan financial burden, which may affect how much money goes to supporting your child.
3. A child has a medical emergency. - If a child suddenly has a medical emergency, it's only reasonable that the need for money increases, which can merit a temporary increase in child support.
On the other hand, here are a few reasons why a judge may approve a permanent change in the amount given for child support:
1. A significant increase in the income of a parent. - When a parent is promoted or is hired by another company and the other parent has reason to believe that his/her income has increased significantly from his/her former income, it may be reason to increase this parent's child support payments.
2. A parent becomes disabled. - When a parent becomes disabled through an accident or sickness or any other reason, he/she may be seen as unable to provide the usual child support payments. This means that the other parent must bear the financial burden of providing child support.
3. The cost of living increases. - Sometimes the day-to-day needs of people change significantly, especially if they move to a different area where the cost of living is higher than it was in their old home. Such cases may merit an increase in child support payments.
4. Either parent remarries, increasing the household income significantly. - Not all remarriages merit an increase in child support payment, but in cases where the remarriage does significantly increase the household income, a judge may approve changes in child support payments.
5. A significant change in a child's needs. - For example, if the doctor discovers a permanent medical condition in the child which will need maintenance in terms of physical therapy, medicine, and the likes, it may merit a permanent increase in child support payments.
It's important to take steps towards resolving financial issues in child support payments because you'll still need to make payments for all the time spent arguing over the issue, should the increase be approved. In short, all due child support payments will be paid, regardless of whether it's still being argued in court or not. A judge cannot apply retroactive reductions to the payments nor can the payments be discharged through declaring bankruptcy. In other words, the only way these payments will go away is if they are paid.
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