Modify Support?


#1

If you are talking about child support modification, there is a standard that the courts look at. Child support can be modified after 3 years or with a 15% increase/decrease in income, significant lifestyle changes, or the needs of the child increase or decrease.
As far as how difficult it is to do…I think that depends on whether or not it’s agreed to or the other party fights the modification. We’re getting ready to go through this ourselves in the coming months…

Also, keep in mind that things change with children…The child support my husband pays is significantly higher than it should be because immediately after their agreement was final she took on a higher paying job so practically tripled her income. We have not attempted to modify the amount yet but are looking at it now since one of the children has decided to stay with us primarily. We would be modifying child custody and support. She has not fought on the custody so far due to the child being the one to make the decision, but we are figuring that she will have a problem when she figures out the support will reduce…

If an agreement was signed stating that you would pay a specific amount because you take on the marital debt then she can not increase the amount until the specified time frame is up. In that amount of time, a lot could change. Her situation could change as well as yours…


#2

If you experience an income increase of more than 15% she can seek a modification of child support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

Looking at the recent version of my court order and my x has pulled out the provision that would bar her from seeking a modification in support. Originally the amount set was for my current income and locked in for three years because I agreed to take all the debt. My fear is that once my income increases she will simply go back and request a modification and I will end up paying additional money in support as well as all the debt. Am I over reacting, how difficult is it to modify an order?