Modification of Child Support


#1

I am getting ready to sign an agreed upon (between STBX and I) child support order (signed by Judge) in next day or so but I am bit scared to sign a permanent Child support order along with a temporary child custody order.

The tempoary child custody order gives me # of overnights that put me in the Worksheet A category for Child support right now. And the permanent child support order is based on $ arrived by using worksheet A. What if I get a permanent child custody order down the road that gives me enough overnights to qualify for the Worksheet B schedule for child support. At that time do you think the judge would consider this to be a “Substantial” change to allow me to modify the child support payments at that time? What if I put in the Child Support order right now a clause stipulating that such a change in permanent custody will be considered “substantial change”, would the judge be forced to honour this clause or the can the judge overrule this clause?

Regards


#2

You can apply to modify your child support any time it has been at least three years since your last Order and you have a greater than 15% differential in the amount you would now have to pay in child support. Obviously, a Schedule B support order would almost certainly be 15% or more less than a Schedule A. You can apply to modify it if your visitation schedule increases to allow for a Schedule B, or if you get custody altogether. This would constitute a substantial change in circumstances which would merit a modification.