Frisco Divorce Lawyer

Modifying Child Support

When parents get divorced, courts will rule on child support based on the situation at the time of the divorce. However, many things can change in the lives of the parents, which may result in the need to modify the child support decree. Of course, a parent must prove that a substantial change occurred, and the alteration is for the betterment of the child.

There are several circumstances under which a person may ask the court to review child support, including:

• Increase/decrease in income for one or both spouses
• Change in child's need due to age, health, etc.
• Amount of time spent with the child
• Increase in cost of living
• Injury, disability, or developed health issues on behalf of the parent
• Marriage of the child

The ability to change the child support amount can vary depending on the state's laws. However, with any alteration, you must show that the offspring will be the main beneficiary, rather than the parents. Parents must also keep in mind that a temporary change in income levels won't necessarily require the modification of the child support.

Often, a parent with a loss of income may ask to pay less than the original court order. However, there are times when the court is able to “impute” potential income. This helps prevent parents from voluntarily paying less than they can or should. The court may require more payment from a person who is “underemployed” or “voluntarily unemployed” because it takes into consideration what a person could pay if he or she were fully employed at a job that fits the education level, etc.

Contact Us

Navigating the waters of child support modification can be difficult. It is a good idea to consult a lawyer to help you prove that the alteration is necessary. If you or someone you know is considering a change in child support, contact a Frisco family lawyer at the firm of Alexander & Associates by calling 972-420-6570 today.