There are two types of modifications: Upward and Downward.
Generally, there needs to be a petition to change an existing order which must be based on an unexpected substantial change in circumstances of one of the parties. An upward modification is request for more support while a downward modification is a request to pay less.
Due to recent changes in the law, as of October 2010, a child support order may be modified if. 1) It has been three years since the order was entered or since the last modification, and, 2) A 15% change (up or down) in either spouse's salary.Downward
The unemployed ex-spouse raises multiple questions:
- Was this unemployment an expected occurrence (seasonal or contract worker)?
- How diligently is the unemployed attempting to find work?
- Does the unemployed have to take “any” job to pay his/her child support?
- What can you do if you believe your ex-spouse is “working off the books”?
- My ex-spouse is making considerably more, can we adjust the order?
- I am making considerably less, can I adjust the order?
- Can I get more child support as the children’s needs have expanded?
Please contact our offices for a free consultation to discuss this important matter.