Your divorce or paternity process is over, and you are required to pay a certain amount of money in child support. In today's blog we are going to be talking about whether it is possible to modify the amount of money that must be paid for child support.
In principle, child support payment orders cannot be modified, unless there are special circumstances that warrant it.
To modify the amount to be paid for Child Support, it will be necessary to file a supplemental petition in the court that heard the process. This petition may be filed by either parent.
In order for the court to agree to the modification of Child Support, it will be necessary to demonstrate a substantial, permanent and involuntary change in the circumstances that existed at the time the order establishing Child Support was issued. This change can be in the father, or in the minor.
The burden of proof rests with the parent filing the request for modification. Examples of these changes could be job loss due to incapacity of the father who must pay Child Support, accident of the father or the minor that entails special treatment and care, retirement of the father due to age, changes in income due to involuntary dismissals, among others.
Many people think that a change of job where they receive less salary, or the birth of one or more children, or the existence of other Child Support orders, can be the basis for modifying the amount to be paid. Unfortunately, neither of these situations constitutes sufficient evidence to modify the order. However, an increase in the income of the parent who is obligated to pay Child Support may be a basis for modification.
If you need help filing a Child Support modification request, please do not hesitate to contact us. We can help you with your family process. In Y. Morejon Attorney, P.A. We have helped many families with their processes. Our professionals provide you with the personalized attention that your case deserves. In Y. Morejon Attorney, P.A. Your problem is our problem.