Two things to consider before going back to court on child support. You may have had a pay increase since the prior worksheet was run. A new worksheet would be run based on current information concerning your income and the other parent’s income, health care expenses and any child care expenses related to working. In any event, you could seek a modification where there has been a significant change in circumstances since the previous order. The changes to be considered are those occurring since the entry of the last child support order.
Since your agreement was from 2003, it is important to note that the guidelines provide a presumptive substantial change in circumstances when the existing order is at least three years old and there is a 15% deviation from the amount awarded under the existing order and the amount that would be awarded under the current guidelines.
In terms of requesting a modification to the current custody arrangement, this is a separate issue. You could seek a modification of your custody decree. You would be required to prove a difference between the current circumstances and the circumstances that existed at the time of the previous order. Time alone may be relevant on whether there has been a change of circumstances. Remember, decisions about custody always are made based on the best interests of the children given the circumstances. A child support dispute would not be helpful for this issue.
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