When the court makes an initial ruling on child support, that fee is not necessarily what works for the non-custodial parent or the child’s needs long-term. If your circumstances have changed, recruit the help of a family lawyer and make sure you know these essential details of the child support modification process. 

Frequently Asked Questions Regarding Child Support Modifications

What changes in life circumstances qualify for a modification in payment?

The courts will consider a child support modification under two circumstances: the non-custodial parent has a significant change in income or the child’s needs change. If a parent loses their job, for instance, they can request a modification for at least an allotted time until they find new employment. Other circumstances can include if a child needs more child support to pay for education costs or medical expenses that did not previously exist when the court set the support payment. 

How soon can a modification be made?

You can file a modification at any time after the initial hearing, but if you go directly through the process without legal representation, states will have a waiting period until the next time you are eligible for a modification—usually around three years. With a family lawyer, you can file at any time, and your legal counsel will advise you on whether or not you have enough of a case to have your modification granted.

What does the process entail?

To begin the process in Connecticut, you will need to complete a couple of forms to the specifications of the court that made the initial child support parameters. Make copies of these documents for your reference:

• Motion for Modification
• Affidavit re Children
• Financial Affidavit
• Appearance
• Fee Waiver Application (if applicable)

From there, a marshal of the court will serve the papers to the other parent of your child. You will then mail the original motion of modification, the marshal’s return of service proving that the other parent received the documents, and the affidavit re children to file at the clerk’s office.

When the case goes to court, you can either have an agreement prepared and in writing for the judge or prepare for testimonies from both sides. Based on evidence collected during the hearing, the judge will make a ruling either in person or by mail, depending on the jurisdiction. This process can have complications, which is why hiring a family lawyer is a significant asset to your case.

What should I do if I lost my job and can't make payments?

If you lose your job, you must continue making child support payments while you go through the modification process. These payments will continue because the court bases child support off of your gross income, which includes drawing from unemployment compensation and severance to meet your requirement. Continuing to follow through on payments despite this financial setback also shows the court that you are not trying to avoid your responsibility as a parent and want what is best for your child.

If the court believes that the current means that you have can still cover your child support costs, they can deny your modification claim. If approved, this new cost is probably temporary and will last until you find a new job. A family lawyer will help you negotiate the terms of this period based on how long you believe the job search will take.

The entire child support modification process can be a handful without a skilled attorney to guide you through the proceedings. The family lawyers at Greene Law, PC, have helped parents struggling with this issue for more than 25 years. This Farmington, CT, based firm understands the complexities of shared parenting and will navigate the case with diligence and respect for you and your child’s needs. For more information about their full range of legal services, call them at (860) 676-1336 or visit them online to schedule a free initial consultation.