It is extremely important for a divorced parent who has child support obligations to fulfill those obligations to the best of his or her ability. These agreements are legally binding and failing to meet the requirements could result in serious legal and financial consequences.
Therefore, it is very important to try to make sure that the terms of these agreements are achievable. This is because the terms will become embedded in the final divorce judgment, meaning they are enforceable by the court.
However, sometimes a support payer's personal circumstances can change, which may necessitate a modification of the terms. For example, if you are paying support and are laid off from work, you may not be able to keep paying at the rate stated in the agreement.
So how can you get the amount of support payments modified to accommodate your new circumstances? Well, typically, you will have to file what is called a "motion to modify" the judgment. In most instances, this motion will be filed with the court in which the divorce was filed and the judgment was rendered.
It is then up to the judge to assess your motion and decide whether to grant the modification. As such, it is very important for you to demonstrate that the modification is justified. Remember, your spouse may offer counter arguments in an effort to prevent the modification.
So, when seeking a modification of a divorce judgment, you may benefit by having an experienced family law attorney working on your behalf. The attorney could help you demonstrate to the court that you have valid reasons for filing your motion. Remember, in addition to child support, modifications can also be made to other aspects of the divorce such as visitation, custody arrangements and alimony.