Upward Modification of Child Support


#1

In 2008, I signed a voluntary support agreement with spouse to lower his child support to our two children. The child support office also required he would have an upward modification hearing for July of 2009.

I understand if he doesn’t have more income it will stay the same. But what if his income has gone down? Is it correct that my order cannot be lowered since the hearing was for an upward modification?

And, when does the three year modification rule kick in? When the first initial order was created in September of 2007, or the voluntary support agreement in July 2008, or the upward modification hearing in July of 2009??
Thank you for your assistance.


#2

I would assume that the hearing will only allow for an increase in support given that it has been set for an upward modification, however if your ex’s income as substantially decreased through no fault of his own, the judge could lower the amount.
Your next modification could take place after the last hearing, July 2012.