When a married couple gets divorced, child support is one of the most important elements of finalizing a divorce agreement. It’s ideal for parties to agree on child support themselves. Unless there is a mutual agreement, a court will determine the amount of child support that one party must pay another using a formulaic approach. However, a child support order may be modified under limited circumstances.
Ability to Pay
Courts base child support orders on the parties’ income at the time of the order. If one parent’s earnings change due to a loss of employment or a medical condition, he or she can request that the court modify a child support order to account for the change. If you have questions about modifying child support law Anthem AZ, legal counsel that specializes in family law can answer your questions in detail.
One of the most common reasons that a person may request a modification of a child support order is a change in the children’s living situation. For example, if the order was based on a presumption that a child would be spending most or all of his time with one parent but the child then spends his or her time with both parents equally, there are reasonable grounds for an abatement of the support award.
Changes in the Allocation of Expenses
Courts give substantial consideration to who will be paying for a child’s medical and educational expenses. If circumstances change, a party may request a modification based on the change. For example, if a parent loses employer-sponsored healthcare that covers a child and the child must be added to the other parent’s plan, a court may consent to an adjustment.
Ultimately, full compliance with a support order is in the best interest of both parents and their children. In any scenario, modifying an order is preferable to defaulting on one.