Each year, people from all walks of life turn to a divorce lawyer Stamford in order to change an existing child support order. In some cases, this involves the custodial parent who desires an increase in the child support obligation. In other instances, the non-custodial parent seeks to have the obligation decreased. Divorce, child custody and child support laws are established in each of the 50 states. With that recognized, there are some common factors and requirements associated with changing a child support order in each jurisdiction in the United States, as a divorce lawyer Stamford routinely explains to clients seeking assistance in regard to this financial obligation. If you are interested in seeking a change to a child support order, there is some basic information that you need to understand. Even though you seek the assistance of a skilled divorce lawyer Stamford, you still have a duty to educate yourself on the basics of changing a child support order.
Motion to Alter or Amend a Child Support Order
The initial step in seeking an alteration in a child support order is the preparation and filing of a motion to alter or amend a child support order. Ideally, a person seeks the assistance of a skilled and experienced divorce lawyer Stamford to assist with this process and with seeking a child support adjustment more generally. In some cases, a person will initially attempt to prepare the preliminary paperwork on his or her own. The motion to alter or amend a child support order is filed with the court in which the existing order was handed down. Although court clerks throughout the country oftentimes do have standardized forms available for the purpose of modifying a child support order, the laws associated with this type of legal matter are complex. Similarly, court procedures associated with modifying a child support order can be quite complicated as well.
Agreement Between Parents
In some cases, parents agree between themselves to change a child support order. You need to keep in mind that even if you and the other parent reach a voluntary agreement to alter or amend an existing child support order, the court must still approve the order. (As an aside, typically such an agreement is placed in writing by a qualified divorce lawyer Stamford.) The court needs to confirm that any proposed change in child support is in fact in the best interests of the minor child. The reality is that even when parents agree – individuals who should have the best interests of a child in mind – the ultimate negotiated and proposed child support modification may not meet muster with the laws on the books regarding financially providing for a minor child. The reality is that if parents agree to do away with a child support obligation all together, a judge is not likely to approve that agreement. On the other hand, if the parents agree to some sort of reasonable increase in the child support obligation, a judge is likely to allow that alteration.
Material Change in Circumstances
In considering whether to grant a request to change an existing child support order, the court considers whether or not a material (or very significant) change in the circumstances of the parties and the child has occurred. For example, if one parent has obtained a significant wage increase, that change in circumstances might very well warrant justify a change in the child support obligation. A court considers whether or not an appropriate change in circumstances on a case by case basis. If an appropriate material change of circumstances has not occurred, a court is likely to deny the relief requested in a particular case.
Seek Legal Assistance from a Skilled and Experienced Divorce Lawyer Stamford
The legal team at Piazza, Simmons and Grant stand ready to assist you with a child support matter. A divorce lawyer Stamford stands ready to schedule a no obligation initial consultation with you if you call 203-348-2465.