Can you request a child support modification?

On Behalf of | Mar 8, 2021 | Child And Spousal Support

Over time, your financial situation is going to change. You might have agreed to a child support payment five years ago as part of your Indiana divorce decree, but that doesn’t mean that the payment is relevant now. You might need to decrease the amount or even increase it in certain situations.

When do you need a child support modification?

If you read your child support order, you might find a Cost of Living Adjustment (COLA) clause. This means that the court might adjust your payments every year according to the rapidly-changing cost of living. You might have to talk to a family law attorney if this clause isn’t in your order–you might be able to request a COLA anyway.

You could also request a child support modification if you have another child in a new relationship. Since you have to financially provide for multiple children, the court might decrease your child support amount. On another note, you could request a modification if you lose your job, become disabled or go to jail for a while. In some cases, the decrease in child support might only be temporary.

It’s important to note that the parent paying child support isn’t the only one who can request a modification. The custodial parent could ask for more child support if their child’s financial needs change or the former spouse gets a high-paying job. If you experience a sharp increase in income, you should prepare yourself for the possibility of higher child support payments.

Should an attorney represent you during this time?

When dealing with divorce and child custody matters, it’s usually best to get an attorney involved. An attorney could help you defend your rights without doing anything that might jeopardize your relationship with your child or causing legal trouble with your former spouse.

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