Finding a lawyer to deal with child support modification is important because of the delicacy of the issue. The law surrounding modification of child support is complicated. Plus, the facts of each case are unique. A change of circumstances includes an increase or decrease in either party’s income available to pay child support that necessitates a modification. Technically speaking, you do not have to have a lawyer when filing a child support modification action.
Having representation is highly recommended, however, when your case is complicated or highly contentious, in case you have a big fight on your hands, or when the other side has an attorney representing them then it becomes imperative to engage one. If the parties are in complete agreement, you could always have an attorney review your paperwork (as opposed to representing you throughout the matter). Modification may take place once a child support order or agreement is in place. The payment amount may be increased or decreased under certain circumstances. If a parent’s earning ability or a child’s financial needs have changed, that could conceivably be enough to trigger a modification in the amount of child support.
The following resources will provide child support modification tips, reasons to modify a child support order, and related information. If you can’t make your child support payments, keep making your child support payments as best you can. To the maximum extent possible, keep making the child support payments required under the current child support order. The existing child support order remains in effect unless and until the court issues a new child support order. Pay as much as you can and pay it in the manner specified by the child support order.
Not putting forth your best effort to pay will hurt your argument that new circumstances (rather than lack of effort) require a new child support amount, and will cause unpaid child support to pile up. It is possible to have your child support order modified without having to go to court, but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all the child support orders they issue. These clauses make it so the child support payments change each year in accordance with the increase or decrease of the annual cost of living. This amount is normally determined by a leading economic indicator, like the Consumer Price Index. If a COLA clause is included in your child support order, you don’t need to go before a judge in order to modify the payment amount based on an increase or decrease in the cost of living.
Your family law attorney will make sure to file your request for child support modification with the appropriate court. Whether both parents agree to a modification, or one parent wants the court to order a child support modification, you will need a new child support order issued by the appropriate court for the changed child support requirements to take effect. The papers you file with the court also need to be served on the other parent.
If you are looking for Family Lawyers in Atlanta , then the author of this article recommends Richardson Bloom & Lines.