10. I think our existing child support order is unfair. How can I change it?
You and your former spouse may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.
If you and your ex can't agree on a change, you must request the court to hold a hearing in which each of you can argue the pros and cons of the proposed modification. As a general rule, the court will not modify an existing order unless the parent proposing the modification can show changed circumstances. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.
Depending on the circumstances, a modification may be temporary or permanent. Examples of the types of changes that frequently support temporary modification orders are:
- a child's medical emergency
- the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or
- temporary economic or medical hardship on the part of the parent to whom child support is owed.
A permanent modification may be awarded under one of the following circumstances:
- either parent receives additional income from remarriage
- changes in the child support laws
- job change of either parent
- cost of living increase
- disability of either parent, or
- needs of the child.
A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified again at a later time.
11. Do I have to pay child support if my ex keeps me away from my kids?
Yes. Child support should not be confused with custody and visitation. Every parent has an obligation to support his or her children. With one narrow exception, no state allows a parent to withhold support because of disputes over visitation. The exception? If the custodial parent disappears for a lengthy period so that no visitation is possible, a few courts have ruled that the noncustodial parent's duty to pay child support may be considered temporarily suspended.
No matter what the circumstances, if you believe that your visitation rights are being interfered with, the appropriate remedy is to go back to court to have your rights enforced rather than stop making support payments.
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Reprinted with the permission of the 'Lectric Law Library.
