Modifying a Child Support Order After Becoming Disabled

If you become disabled and are no longer able to work, it may be difficult for you to meet some of the financial obligations you have in your life — including child support. Fortunately, you have the option of seeking a modification of your child support order if your financial circumstances change.

If you wish to make changes to the amount of child support you pay to the custodial spouse, you must go through the court that has jurisdiction over your case. As part of this request, you’ll need to ask for a hearing so that you can make your argument in front of a judge.

Below are some of the factors a court will take into consideration when deciding whether or not to approve a modification of child support:

• If one of the parents recently lost a job or started a new one that has significantly different income
• If one of the parents is going through financial hardship (due to factors such as job loss or illness)
• If one of the parents recently became disabled
• The custody arrangements that exist in the family
• The amount of money each parent earns and whether there is a significant disparity of income
• Notable changes in cost of living or household size
• Changes in childcare expenses
• If there are any extraordinary costs associated with supporting the child, such as medical expenses

You may be able to make the process much easier by negotiating a modification with the other parent. In such a case, all you need to do is present the modified agreement to a judge for approval. Of course, this may not be an option if your former partner or spouse is unwilling to negotiate at all.

To learn more about modifying a child support order, work with an experienced divorce attorney at Bryan L. Salamone & Associates.