Child Support Modification
Now that your divorce is final and your financial circumstances may have changed you might be asking yourself if you can get your child support payments changed. The answer is “Yes” provided you can offer substantial evidence that your financial circumstances warrant such a change or two years have elapsed since your previous child support was entered.
At V. Freitas Law, PLLC, our Seattle family law attorney team has negotiated many equitable modifications to divorce settlements for our clients, and we can be of enormous assistance to you in such matters.
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There are a variety of reasons that a change in child support may be required. For instance, your child’s physical or mental condition may have changed in such a manner as to require more support for medical or psychological expenses. Should the child become disabled, this support might even be made to extend beyond the child’s 18th birthday.
If you have had a financial upset such as loss of employment, a cut in pay, or some other significant diminution of your earning capacity, a judge would be well-inclined to alter the level of your responsibility. On the other side of the coin, you may be required to pay more child support if your earning capacity has increased, you work more hours or you have otherwise become employed in a more lucrative fashion.
Circumstances That May Affect Child Support
Other circumstances may arise such as if one of your children reaches the age of emancipation or no longer resides with your ex. This must be done by petition to the court and your Seattle family law attorney will be required to file the appropriate papers. Or, you are perhaps no longer receiving spousal maintenance.
Spousal maintenance is considered to be real income for purposes of calculating your contribution to child support and, should it become reduced or nonexistent, you would be entitled by motion to the court to have your support increased by other means. These things do not occur automatically and at V. Freitas Law, PLLC, we stand ready, willing able to do the heavy legal lifting for you.
Your motion for modification may be denied if you fail to meet certain requirements. If you can reasonably make the current support payments, or you filed because your ex-spouse remarried, or your request should have been anticipated in the original divorce settlement agreement, a judge may be inclined to deny it. Regardless of the pros and cons of your case, a qualified Seattle family law attorney such as available to you at V. Freitas Law, PLLC, can iron out the wrinkles and help you acquire a support level that you can live with. There can be no substitute for an experienced Seattle divorce attorney to avoid the common pitfalls is securing a more workable system of support.