25+ Years of trusted representation & superior results for clients. Nobody will fight harder than us.

What are common factors in child support modifications?

On Behalf of | Apr 24, 2020 | Child Support |

If you pay child support in Pennsylvania, the amount of your payments comes from the court’s calculations during your divorce. The calculation process attempts to ensure that you and your ex-spouse together provide approximately the same financial resources as you would have spent on the child if you had remained married.

FindLaw states that once the court finalizes the child support order, the only way to change it is to provide evidence of a substantial change in your circumstances.

Modifications based on parenting time

Even if you and your ex-spouse agree on a custody and parenting time schedule during the divorce, you may need to change it at some point in the future. For example, if your life circumstances change and you remarry and/or have another child, your parenting schedule with your children may change as a result. You may request an adjustment to your payments so they do not overwhelm your financial resources.

If the schedule changes and you spend more time with your children, this could also cause an adjustment to your child support payments. FindLaw indicates that Pennsylvania law allows an adjustment to your child support obligation if your children spend more than 40 percent of overnight stays with you.

Modifications based on income

One of the most common reasons to request a child support adjustment relates to income. If you lose your employment or get a different job with a reduced income, you may request to lower your child support payments. The inverse may also occur; if your income increases, your payment amount may increase accordingly. In any child support modification request, state law requires you to prove that there is a “material and substantial change in circumstances” that justifies your proposed adjustment.

Archives