State laws determine how to get child support increased. While custodial parents may have legitimate reasons for requesting additional aid, each state has different requirements. Parents seeking an increase should consult with an attorney or log onto the state government websites for more information. The court which issued the original judgment may also offer advice on how to apply, which forms are necessary, and where they should be filed. Once the appropriate forms are gathered, custodial parents should make duplicate copies and begin gathering documentation to substantiate a claim for additional financing. The state will base a decision to grant modifications based on two primary considerations: whether the obligor has an increased annual income, or if the minor child has increased needs that cannot be met by the recipient. But, the burden of proof is on the child's custodian. Responsible adults should make providing for a minor in need their top priority. "He that giveth unto the poor shall not lack: but he that hideth his eyes shall have many a curse" (Proverbs 28:27).
Several scenarios may exist which compel recipients of child support payments to seek more financial assistance. In an uncertain economy, a custodial parent may lose their job or get laid off, or suffer a physical disability, resulting in a loss of income. Mounting medical bills for children suffering from developmental or physical disabilities also detract from a single parent's ability to adequately provide. Specialized medical care and prostheses for children, such as corrective braces, glasses or contacts,or hearing aids; or mental health counseling are legitimate reasons for recipients to investigate how to get child support increased, as well paying for higher education. Courts will likely turn down requests for increased payments due to exorbitant expenses such as vacations, electronics, or automobiles, unless a vehicle is needed to transport children to school. Custodial parents should obtain bills and receipts from doctors, optometrists, or other professionals to substantiate claims. Receipts for mortgage or rental payments, clothing, food, tuition and books should also be submitted to verify expenses and prove to the court that the custodial income does not currently meet the child's needs.
The court or an attorney will likely advise an applicant seeking how to get child support increased to make sure all documentation builds a solid case. Proof of the non-custodial parent's increase in income will require tax statements or pay stubs. An attorney can file a request for the obligor to submit proof of income, or some states may require non-custodial parents to regularly report earnings under the original order. If the obligor is earning significantly more than when the child support judgment was originally issued, the court will determine an equitable payment. In cases where the minor has increased needs or the custodial parent's income is insufficient to provide adequate maintenance, all pertinent documentation must be presented to the court. Keeping good records throughout the years after a court-ordered judgment is in effect offers the best practice for custodial parents investigating how to get child support increased. Using computer-generated or manual household bookkeeping, regularly saving bank statements and cancelled checks, and saving copies of online statements and payments will help expedite the process of preparing documentation.
Once the proper forms have been filled out and documentation submitted, the state agency responsible for approving child support modifications will review the custodial parent's request. A legal representative for the recipient may help speed the review process along; but the state will determine the validity of the claim. Should the non-custodial parent object to the court's decision, the case could go to trial. Custodians may want to consider hire an attorney or consult online legal counsel to ensure that they are prepared to substantiate claims. Knowing how to get child support increased also involves being familiar with the rights of both parties. An obligor may attempt to avoid paying more by hiding income, becoming voluntarily unemployed, moving out of state, or even denying paternity. An attorney for the claimant or a judge can order the non-custodial parent to produce all records of income before the court or risk legal repercussions. "But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel" (I Timothy 5:8).
Obligors who refuse to work simply to avoid paying recipients seeking how to get child support increased are doing the child and the non-custodial parent a grave disservice. The court looks with disdain on those who attempt to use the system to avoid personal and moral obligations. Non-custodial parents who opt to flee the jurisdiction of the court issuing the original judgment should realize that the "long arm of the law" extends beyond the state of issuance. Moving out of state does not negate the terms of the child support order. The Uniform Interstate Family Support Act (UIFSA) ensures that the state issuing the original judgment retains jurisdiction. Denying paternity verified from an original court order to avoid making modification payments to a custodial parent seeking how to get child support increased is also unacceptable. The court will argue that any denial of paternity should have been made during the original support hearing.
The Internet, state court, or original issuing agency can provide a custodian with all the information needed on how to get child support increased. Recipients should familiarize themselves with the requirements of the state in jurisdiction, fill out all forms properly, and provide ample documentation of income and expenses. Requests to verify current and potential income earnings for the obligor should be made through the court. Armed with proper documentation and a determination to do what is best for the minor child, custodial parents should have no problem obtaining additional support.
How To Get Child Support LoweredObligor parents seeking how to get child support lowered must show proof of a significant decrease in income, demonstrate an inability to be gainfully employed, or submit proof that the needs of a formerly independent minor has diminished. A formal application can be made with the local office of child support enforcement to decreased court-ordered payments. An escalating unemployment rate across the United States and Europe has forced many individuals to seek lesser paying jobs, which affects an ability to comply with former orders. Obligors who earn considerably less income than when a temporary or permanent order for child support was issued may find themselves struggling just to make ends meet. The courts should be immediately notified about an obligor's loss of income. Parents responsible for paying support should refrain from harboring resentment toward the other parent. If creating a child is a collaborative effort; then supporting that same child should also be a shared effort in spite of a failed relationship. "But love ye your enemies, and do good, and lend, hoping for nothing again; and your reward shall be great, and ye shall be the children of the Highest: for he is kind unto the unthankful and to the evil" (Luke 6:35).
Workers who become disabled through accidents or illness will also want to know how to get child support lowered. If a parent responsible for the financial support of minor children cannot earn an income there is no way to continue compliance with maintenance orders. In cases of permanent or long term disability, fathers who faithfully kept payment arrangements may have to rely on government subsistence due to long term income loss. The courts will make allowances for parents who can no longer earn an income. Children of disabled parents may be eligible to draw Social Security or receive financial aid specifically for dependents. Obligor parents should seek the assistance of social services agencies on information on how to get child support lowered in cases of job loss or physical or mental disability. Having the right attitude will go a long way in winning an appeal. Parents who have a good track record of paying on time need not fear being turned down when requesting reduced obligations for lack of income. "Give, and it shall be given unto you; good measure, pressed down, and shaken together, and running over, shall men give into your bosom. For with the same measure that ye mete withal it shall be measured to you again" (Luke 6:38).
When former mates or partners experience a significant increase in income, an obligor parent can petition the court to decrease payments if their former partner's additional income can be substantiated. An attorney or legal counsel can advise obligors on how to get child support lowered and demand that the recipient of child support payments submit statements of income or assets which can be presented to the court for review. Single mothers have been known to continue receiving financial assistance for under aged children although their income has increased or the minor's needs have decreased. Instances where a child's needs decrease include kids who no longer require daycare services, minors who no longer require specialized dental or medical care or prosthesis; or those who reach the age of 18 and do not have plans to attend college. Recipients should be forthcoming when a minor no longer requires the same amount of maintenance. In so doing, the obligor can realize less of a burden on net income, a plus in a weak economy.
The process for obligors seeking how to get child support lowered is relatively simple. The state agency issuing the original decree will have the appropriate forms or they can be downloaded online. To substantiate a claim for decreasing payments, ex-spouses or partners should compile several documents, including copies of a current driver's license proof of current address, copies of the most recent federal and state income tax returns, or other proof of a lack or decreased income. A pay stub or pink slip will suffice as proof of income or dismissal from a former job. Medical or physical therapy bills will substantiate claims of disabilities. The process for how to get child support lowered may also be expedited by submitting copies of an accident or incident report which were filed on the job, or a separation letter from a previous employer. Paperwork filed with the state department of labor denoting when an obligor was released from employment will also demonstrate efforts to secure a job or collect unemployment insurance payments.
While the process for how to get child support lowered can take time, the courts will expect a non-custodial parent to comply with current orders until a revised judgment can be issued. Parents who are obligated to pay support should be as honest as possible because youngsters depend on the money to live. Mothers or fathers who want to find out how to get child support lowered should not resort to lying and falsifying documents on applications. Penalizing children for adult marital problems or withholding money that could be used to better a child's life is no way to get back at the other parent. By abiding by the law and having a sincere desire to continue providing support in spite of a failed relationship, obligor parents may find meeting mandatory obligations a much easier process. Judicial or enforcement agencies are also much more inclined to cooperate with a former spouse who is having financial difficulties rather than one who simply wants to try and beat the system.