Child support and spousal support arrangements made at the time of divorce are subject to change during the years that the agreement is in effect.
During the pandemic, many people and families have experienced dramatic changes in circumstances. Lives and jobs were lost, work became scarce and economic recovery will be a long road. For some, modifying child support or alimony is an important step to financial survival.
There are two ways an order for child support can be modified. Every three years, the office of Child Support Enforcement offers either parent the opportunity for a review of the order. At that time, a parent can request the agency undertake a review to determine if adjustments in support are needed.
As well, regardless of whether a parent pays or receives child support, they can apply for a modification of the support order at any time during the pendency of the order. There are a number of reasons why either parent might seek to alter the child support over time, including:
- A material change in financial circumstance is a leading reason for modifying a child support order. The court considers an upward or downward swing of income of 25 percent as a potential reason for reviewing a child support or alimony order. This type of change can follow a job loss, illness, or other experience which impacts the ability of the individual paying support to continue paying the amount identified in the order. In the alternative, an increase in income for either part can also trigger a recalculation of a child support order.
- The changed circumstances of a child or children can also lead to modification of a child support order. Generally, the costs of raising a child increase over time. If a child has special needs, or there are reasons why additional support is needed, a court may take those circumstances into consideration.
- The disability or incarceration of a parent are also considered events of significance for the court in reviewing a child support order.
If you, or your co-parent, are struggling with child support payments, it is important that modifications to a child support order are memorialized in writing. Work with a family law attorney to ensure modification agreements made between parties are enforceable if one party later makes claims that do not reflect the original verbal agreement. Child support orders duly modified and entered with the court can be enforced by the state if one party fails to pay.
Modifications of child support due to changed circumstance are not automatically granted. The court will review the application and the situation faced by each parent. If you would like to modify a child support agreement, or object to an application for modification—seek guidance from an experienced family law attorney.
Questions about child support? Speak with a seasoned divorce attorney in Baltimore
Supporting your child is a lifetime commitment. When you need experienced legal advice about child support, parenting plans, or divorce, the Law Offices of Allyson B. Goldscher can help. Conveniently located in Stevenson, we provide experienced, strategic answers to your questions about family law. Call 410-602-9522 or contact us online today.
