Can I modify my child support order?
March 2nd, 2010Child support is always modifiable in the probate courts of Massachusetts. The courts realize that either parent’s income will fluctuate during a child’s life and that the financial needs of children change over time. Whether the original child support order was made pursuant to a Separation Agreement or after a trial, an order of the court, child support can be modified.
The standard used to modify child support is that there must be a significant change in circumstances. Something significant must have happened between the last order of child support and the new order you’re trying to obtain by a Complaint for Modification. A significant change can be a dramatic raise in the other parent’s income or them winning the lottery, a big decrease in your income, or a big increase in the child’s needs (such as an accident or injury).
A request for modification will not be approved if there isn’t a significant change. As you are asking the court to change the child support order, you must prove to the court that there is a significant change for the court to approve an increase (or decrease) in child support.
Related posts:
- How Does SSDI Affect My Child Support Order? If you have recently become eligible for SSDI (Social Security...
- Can I modify a property distribution after divorce? You’ve gotten a divorce and both you and your ex-spouse...
I am self employed and my business is cyclical. I have been paying over 300% of the guidlines for the past two years and having no luck modifying it. They are taking a 5 year average which could put me in contempt, Have no where to turn because I cannot get it modified.