Monday, July 30, 2007

Need a change in child support?

Changing child support means filing a Petition to Modify Support with the court that set the child support order. That original order was not set in stone but reasons must be given for any change. Changes in income or changes in childcare expenses or changes in the other parent's income can be be grounds for modification. Changes with the child such as the child being emancipated or going to college can also be grounds for modification.

Then there is the question of timing. Timing? Yes, as Indiana Code 31-16-8-1 points out, one cannot file a petition to modify support whenever one feels like filing one:

(b) Except as provided in section 2 of this chapter, modification may be made only:
(1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and
(B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.
If after getting past all of these issues and you still think you have a case, then the question is it worth filing the Petition to Modify Support? You might get a partial answer to this question by using the online Child Support Calculator to figure your support but even then you should talk to an attorney. Your calculations are only as good as your numbers and your experience.

No comments: