Divorce Guide

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How to file for an increase in child support


Child support proceedings take place after the divorce is filed. It is considered as a part of separation process. The minor children involved in such cases are entitled to the same level of support they would have received if their parents were together. Each parent should prepare to present the ability to pay for the child support. The documents like the tax returns, recent pay stubs, etc determine the amount of child support. It may so happen that one of the parents may seek a change for support paid. The person seeking the change may need to prove a change in the circumstances.

Following are the criteria to increase the child support amount:
  1. Large inheritance by the parent is one of the reasons for increase in the child support. If the parent is a beneficiary of a large sum of money, then the other parent may seek increase in the child support amount.
  2. Significant increase in the medical expenses of the child
  3. Change in a new job with significant increase in income of the parent
  4. Cost of living increases
  5. The custodian parent becomes disabled
  6. Childs needs change significantly
  7. Change in child support laws

The increase in the child support may be temporary or permanent. The modification in child support is temporary and one time large expenditure. It may be so due to the nature for the needs of the child like, braces, school uniforms, etc. The modification in the child support may be permanent if the child has special needs, associated expenses would increase in this case.

How to increase your child support

  1. The very first step in this is to gather information that shows your income does not cover the expenses
  2. File papers requesting an increase in child support in the court
  3. Check the state laws related to the child support and how to increase it
  4. Obtain the necessary forms from the correct court and fill them completely
  5. Gather all the documents needed that support your claim for an increase. This may include: tuition, clothes cost, housing cost, medical bills, any loss of income, etc.
  6. Be prepared to testify in case the case goes to a trial

How to file for an increase in child support

  1. File paper work to bring matter before the court.
  2. Locate the court where the child support order was initially ordered. Check the necessary forms and return them to the court after completely filling them.
  3. Give the other party a copy of paper work and notify them of the court’s date.
  4. Calculate the ideal amount you will be requesting and be realistic about it.
  5. Many a times both the parties may solve the matter on their own without a court and get their new agreed upon amount entered as an order.

In some states, the child support order includes a COLA clause. This states that payments of child support are to increase annually at a rate equal to the annual cost of living increase. This is determined by help of an economic indicator like the consumer price index. This then eliminates any need to modify a request to the child support amount based on the cost of living. If your child support order does not have COLA clause, it is better to include it and get the changes done instead of applying for an increase every now and then.


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