In today’s climate, there may be a necessity to modify child support. A court will modify support based on a material change in circumstances. A material change of circumstances could be a loss of a job, a reduction in pay, or an unexpected financial set back. Filing a modification of child support does not automatically reduce the court ordered support payments. The payor is still required to pay the court ordered support unless or until the child support order is modified. The office of child support enforcement will not file a modification unless there has been a 25% increase or 25% percent decrease in the payor or payee’s income.
A reduction in child support may also be resolved by a written agreement of the partes. Once the parties agree on a support amount, they will be able to file the written agreement with the court to modify the prior support amount.
Modifying support does not however, resolve any outstanding arrears. The payor is still responsible for arrears that accrued as a result of the prior support order. The court will not retroactively modify support prior to the date of the filing of the motion to modify support.
If a payor’s wages have been garnished and there is a loss of employment, the payor is still responsible for making direct payments to the payee.
If you have suffered an unexpected loss of income and are under an obligation to pay support, it is very important to file the modification with the court as soon as possible. Most courts have self-help programs that assist with filing modifications of support. If you are in need of additional legal representation to modify a prior court order, The Law Office of Lynndolyn Mitchell PC is exceptionally qualified to provide you with legal representation.
