You never thought your marriage would end in divorce. That was something that happened to other people, but not to you. Unfortunately, it has happened. The prospect of making your way in the world without the person you once loved is unsettling. The fact that you must do so with children is even more daunting.
Your emotions concerning your divorce will be strong, but they need not be controlling. Despite the stress and strain that comes with breaking permanently with the person who was your life partner, there are crucial decisions to make. The most important of those are about your children.
You must take action that will ensure that your children do not suffer emotionally or materially as a result of the divorce. The only way to guarantee the latter is with child support. If you have been granted sole custody of your children or have agreed to share custody with your ex, the enforcement of the child support order is essential to making sure your kids remain in a stable and secure environment.
It is important for you to understand that the original child support order is not permanently fixed. The principle of payments is based on the circumstances of both parent and child. Changed circumstances are an adequate basis for changing the amount of money that the non-custodial parent should be made to pay.
The basic child support obligation is calculated as follows (the percentages refer to the amount of the non-custodial parent’s total income):
– 1 child = 17%
-2 children = 25%
-3 children = 29%
-4 children = 31%
-5 or more children = 35%
As your children grow older, the amount of money needed to sustain them will increase. Health complications, the need to maintain a standard of living that they have gotten used to, educational opportunities that they were on track to take advantage of—any number of these can serve as a compelling reason to change the child support order.
A significant change in the finances of your former spouse may also compel you to change the child support order. You would hope that the mother or father of your child wants what is best for them. You would think that no matter what other differences the two of you have the well-being and prosperity of your children is something you can both agree on.
Unfortunately, this is not always the case. Some non-custodial parents refuse to report an increase in their total income, even when the costs of raising their children continue to climb. Not only will they avoid further scrutiny regarding the child support order, they will not increase the amount of money they spend on their children on their own initiative.
If you know or strongly suspect that your ex is holding out your children, then you must take decisive action against them. It is not about you; it is about your children. And you must do all that you can to look after their welfare.
In general, the court will look at the following factors when deciding whether to alter the child support order:
-financial resources of both parents
-physical and emotional health of the child
-child’s standard of living
-tax consequences of the parties
-non-monetary contributions of the parents
-educational needs of the child
-needs of the non-custodial parent’s other children
Your ex may try to make the argument that your changed financial circumstances, if they have been for the better, absolves them of all responsibility for increasing the amount of money they pay. No such point or principle of law exists, and you should not be deterred from your effort to get your ex to do right by your children.
Contacting a lawyer should be your first step. A lawyer who specializes in child support law can provide you with the expertise you need to put your case before a judge and get the child support order changed. A child support lawyer is equipped to deploy a range of tools and tactics for this purpose.
They will be able to gather evidence, including valid records and testimony, to prove that your ex is not paying the amount of child support they should. They will also be able to make the case that the mounting costs of raising your children require more financial support from their other parent.
Lawyers who specialize in child support cases have seen the many ploys and techniques that non-custodial parents use to avoid paying child support. They have the insight and experience to get you and your children justice.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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