Child Support Ordered in a Divorce Case - How to Get it Modified

By: S. Morgan
Submitted: 2007-01-17 16:23:54
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Every state has some procedure for modifying child support when the circumstances have greatly changed since the original child support order.

Texas law on this issue is typical of most states. Generally, to modify a child support order the party requesting the modification must show that there has been a "material and substantial change in the circumstances."

A Child Support Modification Example

Here is a common example: a couple with a two-year old child gets divorced in 1997. At that time the husband's income is $40,000 a year. In the divorce decree the mother is awarded primary custody and the father is ordered to pay $500/month child support.

By 2004 husband's income has risen to $120,000 per year. Under these facts, in nearly every jurisdiction the mother is likely to have a very good argument that the child support should be raised based on the father's increased income.

Conversely, if the father's annual income fell to $25,000, he would probably have a good argument for reducing the child support based on his lower income.

Child Support Modification Cases Can be Complex

Of course, in most states there are many additional factors that can be complicate the issue.

Continuing with the above example, lets say the reason for the father's decreased income was that he quit his job as an accountant and decided to work as a ski instructor, causing his income to drop dramatically. Although fully capable of getting another accountant position at a comparable income, he just didn't want to do that kind of work any more.

In many states under those facts the mother would have a very good counter-argument if he sought a reduction in child support. Essentially, she would argue that he was intentionally under-employed. In other words, since he is fully capable of earning a higher income the child support should be based on his earning ability rather than his actual income.

Get Professional Advice

Of course, this brief introduction to the subject of child support modification is no substitute for specific legal advice about your particular circumstances. If you have a possible issue with an existing child support order I encourage you to consult with an experienced family law attorney in your jurisdiction

Scott Morgan has practiced family law since 1994. You can visit his website on California family law at http://www.california-divorce-info.com

Article source: Expert Articles

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