While your divorce may be finalized, there are times when extenuating circumstances arise and a child support modification or divorce modification may be necessary. In such cases a child support modification attorney or a divorce modification attorney will need to be retained to petition the court on your behalf. Typically, the court allows for such modifications if you’ve had a significant change in your income, your employment, if you’ve become disabled, or your residence will soon be changing. When a substantial change such as this has happened, a modification of your current judgment may be possible. If you find yourself in a situation where a judgment either needs to be enforced or a past judgment needs to be modified, put Lee Feinberg and his 30 years of Family Law to work for you. Mr. Feinberg is a compassionate attorney who will work on your behalf to make sure that your rights of enforcement or modification are handled properly. Contact Mr. Feinberg today for a free consultation now!
Divorce and Child Support Modification
A modification can occur when a court has set child support in the original case but now it’s SIX (6) years later. The original child support may have been adequate some years ago, but now the child(ren) have gotten older and their expenses have increased. That’s one example. A modification to increase child support may also be due to the payor of child support earning a significant amount more or the recipient of child support is now earning less.
This situation is also rather convoluted for an individual who doesn’t practice family law. While a party, assuming they meet the legal guidelines, may seek an increase in child support, the party paying child support may seek to modify child support downwards. One common reason why this might happen is because the payor, through no fault of his/her own has had the income reduced. For a reduction, there are certain considerations a court must examine but a loss of income which is ”permanent” in nature, that was unknown at the time of the original child support award and is by a percentage, less child support. This is a very complicated area of law. For further information please contact our office today!