Although divorce signifies the end of a relationship, child support remains a crucial matter. With the divorce finalized and child support set into a contract, both parties can move on, expecting the other to adhere to it. However, one or the other parent may experience life changes which may affect their ability to follow the contract stipulations.
How does the court get to the agreed contribution?
The court’s idea of what each parent should contribute relies on a couple of things, generally including what the parent earns and what the child requires to live comfortably. The state typically dictates the guidelines for contribution based on their own calculations. If the parents produce their own plan for child support, they should show justification for it.
Can the court adjust the agreement to consider the situation of either parent?
Yes, it can. If a parent faces financial difficulties, they can file for a child support modification. This legal process allows the court to review and reduce the support obligation based on the parent’s financial situation. It also helps to ensure better that the other parent meets the child’s needs without burdening the struggling parent.
What are the requirements of a post-judgement modification?
Before considering an adjustment, the court will evaluate several factors, which can include:
- Income Change: Significant changes in either parent’s income.
- Employment Status: Loss of job or significant reduction in work hours.
- Health Issues: Medical conditions affecting earning capacity.
- Child’s Needs: Changes in the child’s financial needs.
The court will adhere to what’s best for the children. However, it also recognizes that it is often best to have both parents, even though divorced, in good condition and standing to help raise them.