Understanding Child Support Order Review

Two parents who decided to separate may need the court’s help when deciding who gets the child custody. However, some parents may not come into agreement when it comes to the child’s financial support. Most often, the non-custodial parent has to pay child support. Both parents need to submit financial affidavit to the court to know the amount of child support. However, the amount to be set by the court is not permanent. This is due to the possible changes in the non-custodial parent’s source of income and expenses. A child support order review may be requested.

What Is a Child Support Order Review?

In simplest sense, the child support order review is the process where the court determines whether a change in child support is appropriate or not. It can be initiated by the non-custodial parent requests for it – usually, a reduction on the amount of child support. It can also be due to the custodial parent’s request for an increase.

Non-Custodial Parent Requests Child Support Reduction 

When the non-custodial parent is the one who requested a child support order review, it is usually aimed for a reduction. He or she no longer needs an order from the court if it is for an increase. He or she can just add some more money to the amount that was set by the court.

There are many reasons why the non-custodial parent requests for a child support reduction. One of the most common is when the non-custodial parent’s ability to give the set amount is compromised. It could be due to a loss of job or sickness. The existence of another child with another woman is also a valid reason. The new child’s needs must also be addressed. Another possible reason is when the non-custodial parent knows that the custodial parent has a bigger income. It could be through salary or business. It could also be due to a new spouse. The child’s needs may have also lessened and it can be stated as a valid reason for a child support reduction. This is very common when the non-custodial parent supports two or more child with one of them who have already emancipated. It means less need for child support.

Custodial Parent Requests Child Support Increase

In contrary, the custodial parent can also request for a child support order review. When the custodial parent requests for it, it is usually for an increase. This is possible when the custodial parent experienced a reduction or loss of source of income or when the non-custodial parent has the ability to give more. It could also be due to the child’s increased need for financial support.

Some Things to Remember

Note that each state has its own guidelines and laws regarding child support. In fact, a jurisdiction may have a different definition in terms like emergency. This results to varied requirements for a child support order review to commence. However, all jurisdictions agree that an oral agreement does not have any legal binding. For example, the non-custodial parent may ask the custodial parent for a decrease. The latter may agree verbally but without a written agreement, he or she can still complain about the former’s non-compliance to the court’s order. Thus, any party who wants a change in the amount of child support should take the legal route and request for a child support order review.

For more child support information, please see this site.