Child Support MODIFICATION
This is one of the most contentious and difficult areas of Family law, consult with a family law attorney before making any attempts at modifying a child support order.
Circumstances that support a modification
A child support order may be modified if any of the following circumstances exist:
1) there is an inconsistency between the amount of the existing order and the amount that would
result from the application of the child support guidelines;
2) health insurance previously available at reasonable cost is no longer available (or if available but not at reasonable cost);
3) health insurance not previously available to a party at reasonable cost has become available;
4) any other material and substantial change in circumstances has occurred.
how to get it done
The Court, or the parties by an agreement, approved by the Court, may deviate from the guidelines and overcome the presumptive application of the guidelines provided the Court enters specific written findings stating:
1) the amount of the order that would result from application of the guidelines;
2) that the guidelines amount would be unjust or inappropriate under the circumstances;
3) the specific facts of the case which justify departure from the guidelines; and
4) that such departure is consistent with the best interests of the child.
Reasons to deviate
CIRCUMSTANCES WHICH MAY SUPPORT DEVIATION, ABOVE OR BELOW THE CHILD SUPPORT GUIDELINES
INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
1) the parties agree and the Court approves their agreement;
2) a child has special needs or aptitudes;
3) a child has extraordinary medical or other expenses;
4) application of the guidelines, particularly in low income cases, leaves a party without the ability to self support;
5) Payor is incarcerated, is likely to remain incarcerated for an additional 3 years and has insufficient financial resources to pay support;
6) application of the guidelines would result in a gross disparity in the standard of living between the two households such that one household is left with an unreasonably low percentage of the combined available income;
7) a parent has extraordinary medical expenses;
8) a parent has extraordinary travel or other expenses related to parenting;
9) application of the guidelines may adversely impact re-unification of a parent and child where the child has been temporarily removed from the household based upon allegations of neglect;
10) absent deviation, application of the guidelines would lead to an order that is unjust, inappropriate or not in the best interests of the child, considering the Principles of these guidelines;
11) a parent has extraordinary health insurance expenses;
12) one parent is absorbing a child care cost that is disproportionate in relation to their income;
13) one parent provides less than one-third of the parenting time for a child or children.