You see your ex in a brand new car and you rush to file a petition for an upward modification of child support in family court. What could possibly go wrong?
A Child Support Modification is typically allowed every three years, when the party’s income changes by at least 15% and only with a substantial change in circumstances.
When bringing a child support petition it is important to be absolutely certain that the child support payor’s income has increased significantly enough that such a motion would be fruitful. Otherwise you will waste alot of time and attorney fees for nothing. Furthermore, if the payor’s income has dropped significantly or your income has increased significantly over the years, you may end up being paid nothing. In certain circumstances, where physical custody is shared, you may end up paying the other party child support.
An increase in income also includes imputed income from other sources that may have caused a dramatic improvement to the payor’s standard of living. For example, the ex may be receiving money from a significant other or their parents which is also part of the child support calculation.
If you suspect that the child support payer in your life has dramatically increased in their income, contact Diana Mohyi Attorney at Law P.C. for a consultation. She can be your partner in this matter to help you avoid mistakes that cut into your ability to care for your child.