When a child support agreement or ruling by the court is rendered regarding the amount of child support to be paid it becomes a standing court order which must be followed until the child or children reach the age of 18, or 21 if the child or children are full-time college students.
If circumstances significantly change by either parent in which a modification of the child support order may be necessary, either parent may request a hearing for a child support modification.
Regardless of which parent makes the request, child support modification requests are typically contested by the other party involved. Your family law attorney must present your argument for or against the child support modification petition, depending upon your position in the matter.
The experience of your attorney may make the difference in achieving a successful outcome in your child support modification case.
When a parent successfully demonstrates that a significant change in the current circumstances which relate to the existing court-ordered amount of child support to be paid, the court will generally increase or decrease the amount of child support to be paid by 15% in a new court order, depending upon the situation that currently exists.
When an increase or decrease in the amount of child support to be paid is granted, it is not uncommon for the other parent to ask the court to set a date to review and re-address the child support issue.
Any decision the court makes regarding child support issues are made in what they perceive as "in the best interest of the child", and that in doing so, does not put either parent in financial distress.
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