Changing A Child Support Agreement

A child in a red dress swings from the hands of adults

Child support agreements are legal documents that are often put in place to make sure that children and those who care for them have access to financial resources needed for shelter, food, clothing, education, health care, and more. But as situations (and the children) grow and change, so, too, does the need to change or amend child support agreements. These changes need not be stressful; communicating and working together toward a successful outcome with the best interests of the children in mind can mean that changes to a child support order can be done easily. Failing to communicate or an unwillingness to compromise can lead to broken agreements, resentment, and a loss of time and money for both parties if the disagreement goes to court. If you need to make adjustments to your child support agreement - or make one in the first place - your provider attorney will be able to assist you in all phases of the process, as well as with other areas of family and personal law through our Legal Subscription Plans.

How Are Child Support Agreements Made?

When parents separate, one parent may become the sole or primary care giver and the child lives with that parent. The parent that does not live with the child usually has some kind of financial obligation to pay toward the care of their child. How much the non-custodial parent pays varies based on state-to-state guidelines. The income of both parents is taken into account and the needs to the child or children involved is also considered. Taking that information, a judge decides on an amount for the on-custodial parent to pay in child support.

Another way that child support agreements can be made is when the parents work together and reach their own arrangement for child support. This plan is then given to a judge to review and put in place officially and legally. If the parents have trouble communicating with each other for one reason or another, they also have the option of negotiating through mediation or other alternative dispute resolution services. Regardless of how the agreement is reached, it must always be approved by a judge in family court.

Reasons A Child Support Arrangement Can Be Changed

The lives of parents and children can change over time, and, depending on what those changes are, it may be a good idea to review or change a child support agreement. Some common reasons for amending a child support agreement are:

• A change in employment by one or both parents

• A change in the child's expenses or needs

• One parent has another child from another relationship

• One or both parents remarry

• A change to parenting time

This last item is important to look at a little more closely. If one parent takes on more parenting responsibilities in the care of a child they may be entitled to seek a lesser child support amount in relation to the increased time and/or money spent contributing to their child's care.

Just like when the original agreement was made, parents have the option of reaching their own agreement to take to the judge for approval. When one parent seeks a change independent of the other parent, the parent seeking the change will have to file a motion with the family court to make a change to the existing agreement, and then that request will have to be approved by a judge.

Legal Help For Changing Child Support Orders

A child support order is an important matter for parents, and, while it is important for both parents to work together towards an agreement if it is at all possible, it is also important that you have expert advice to make sure that the new agreement will protect the rights and responsibilities of all the parties involved, most importantly, the children. It is crucial that the new agreement is legal and will be approved by the court.

Divorce is almost always stressful to one degree or another, and more so when children are involved. Parents usually need legal advice while going through the process of divorce and figuring out what works for them and their children in terms of custody and financial support. While having a lawyer on retainer is often outside the budget for many people, with our Legal Subscription Plans for Individuals and Families, you can work with your provider attorney for all your family law issues - including child support, child custody, divorce, alimony, and more - for just one low, monthly fee of $29.95. You will be able to contact your attorney 24 hours per day, 7 days per week, have telephone consultations, document review, and more. Learn more about the benefits of membership in our legal protection plans or sign up today!