Can You Increase Child Support Payments?
The only constant in life is change, and this holds true for final divorce decrees, as well. The terms that make sense at the time of divorce may no longer be reasonable two, three, or ten years down the road. In the case of child support, the arrangements that worked even a few months ago may no longer be sustainable. If you have agreed to receive a certain amount of child support, or a judge has issued a final order, and you now require more financial support, you may be able to modify the order. Below, our Orlando child support lawyer outlines the requirements for a modification.
Increasing or Decreasing Child Support Payments
It is possible to change child support payments in some cases, and the amount can either be increased or decreased, depending on the specifics of the case. To increase the amount of child support payments you receive, you must petition the court and ask them to approve the change and modify the order. You may also have to submit a financial affidavit. It is important to note that a court cannot approve an order for retroactive child support.
The original court order must be followed before the court approves any change. Child support recipients can never withhold visitation or parenting time in demand for child support, including when they have not received it or they are asking for a higher amount from their former partner.
How to Increase Child Support Payments in Orlando
To increase your child support order, you must prove that there has been a substantial change in circumstances that requires more support. Whether a substantial change has occurred will depend on the facts of the case but they are often as follows:
- The needs of your child have substantially increased and therefore they require more financial support, such as if the child has incurred additional medical expenses due to a car accident,
- Your former partner has had a substantial increase in their salary and can now provide the child with a better life, and
- You have experienced a substantial decrease in your income either because of job loss or a reduction in your salary.
In order to show that an increase in your former partner’s income is significant enough to warrant a change, the increase must be at least ten percent. You must also typically show that any substantial change in circumstances has lasted for at least six months. Temporary changes are not enough to warrant a modification. If the substantial change was intentional, a court may deny the child support modification.
Our Child Support Lawyer in Orlando Can Advise on Your Modification
Life is full of changes and sometimes, that can require an increase in child support. If you need a modification, do not go through the process alone. At Anderson & Ferrin, P.A., our Orlando child support lawyer can advise on whether you are eligible and help you achieve the best possible outcome. Call us now at 407-412-7041 or contact us online to schedule a free consultation.