When your child support orders were originally drafted, you and your ex-spouse were in specific financial situations. But, after a few years, you may have experienced more costs, less income, etc. In these situations, you may wonder what your options are for increasing child support, and if the courts will approve such a request.
It is important to realize that requesting an increase in child support is serious, and not always granted. Merely alleging that your ex has increased their income is not enough to increase your child support payments. Instead, you need to prove a substantial change and then justify your request.
Proving a Substantial Change in Court
In order to increase or decrease child support payments, the requesting parent is required to prove that after the existing order went into effect, a substantial change in financial circumstances was experienced – either by themselves or the other parent.
Some reasons that are often used to grant an increase include:
- Substantial income increase in the paying parent’s income – usually by 10 percent or higher. The courts consider which parent is best for the child’s living, and the non-custodial parent is then responsible for paying their portion of the child’s care expenses. If they experience more than a 10 percent increase in their income, the courts may grant a child support increase.
- Substantial decrease in the custodial parent’s income requiring more contribution from the non-custodial parent. This can include a change in work status, loss of job, etc. The decrease must be 10 percent or more.
- Substantial increase in the child’s needs. This can include medical expenses, health care costs, educational expenses, cost of living, or age-related expenses.
Requesting the Modification
You will need to speak with an attorney regarding your request to modify child support. Your attorney will need to submit a formal request to the court, and you will most likely have to prove your case in front of a judge. You may be able to modify via mediation, but it will depend on the wording that exists in your current child support and custody order. If the substantial change is present and the request is in the best interest of the child, the courts will typically approve the request to increase child support payments.
If parents cannot agree, however, they may have to litigate in court, and a judge will decide not only if an increase in warranted, but the proper amount based on state law.
Speak with a Family Law Attorney in Nevada
If you feel that your child support order needs to be changed, and you want to request a modification, contact a family law attorney at De Castroverde Law Group today. Schedule your consultation at 702-222-9999, or fill out an online contact form with your child support questions.