Can You Request More Child Support?

Once the divorce and custody arrangements are finalized, you may think that you are locked into the child support amount you were awarded. This can be stressful if your financial needs change over the years. Fortunately, you may be able to request and receive more child support. The following guide can help you determine if this is possible in your case.

Has there been an income change?

If your income has decreased, you may be able to request more child support. This is especially true if your ex-spouse has had an increase in income. You may also be able to request an increase if your ex has had an increase in income while yours has stayed the same or otherwise not kept pace with the cost of living. Income-based increases do depend upon state child support laws, and you will need to go to court to formally request an increase.

Does the child's age affect support amounts?

This also depends on state laws. Some states may provide age-based increases with the idea that expenses go up as a child gets older and begins participating in more activities. Others only look at the income of the parents when determining support amounts. There are also some states that issue support based upon income and the specific needs of the child.

Have custody arrangements changed?

In a laid-back joint custody arrangement, one parent may find themselves having actual custody of the children for a larger amount of time than the other parent, and this may lead to increased expenses. If this is the case, you may need to have to go to court and make the informal increased custody formal in order to have the amount of support legally increased. This is because you may not be able to ask for more support if you are knowingly deviating from the original court-approved custody arrangement, even if both parents have informally agreed to do so.

Have the needs of the child changed?

Medical bills, the onset of a disability, occupational or mental therapy, or increased educational costs are all the result of the evolving needs of raising a child. If your child develops a new need or simply enters a stage of life requiring more funds to support, you may be able to ask for an increase in the amount of child support you receive. Keep in mind this is only if you have a specific dollar amount arrangement. Some court-ordered support arrangements already make allowances for percentage payments on medical or school expenses.

For more help, contact a family lawyer from a law firm like Kalamarides & Lambert.