Once the court has ordered a child support agreement, is it set in stone or can it be changed if the cost of living increases or circumstances change? Fortunately for parents, it is possible to change the court order in certain cases.
Cost of living adjustments
The clearest exchange rate is the cost of living. If you live in an area subject to high inflation, it can be difficult to both live off of and pay for past negotiated child support agreements. Ideally, your original agreement included a provision that child support would change based on the consumer price index (CPI) in your area. Otherwise, you can request to add a COLA or cost of living provision that every time the CPI in your area increases by 10% from the current court order, you will get an increase. Once you reopen the issue, you can add a COLA clause to your agreement, although no increase will apply unless the CPI increases.
When you ask the court for a COLA, the judge is likely to grant it as long as the math supports it. COLAs have nothing to do with a change in your circumstances, even if you, as a former stay-at-home parent, have just landed a high-paying job. The other party may object, but not based on ability to pay.
Change of Circumstances
When circumstances have changed due to loss of a job, a new job, disability, incarceration or other inability to earn income, or increased need, a party to a child support agreement may petition the court for a review of the amount of child support payments. . Even if one parent remarries, the increase in income is fair game for the former spouse to ask for an increase in child support. In this case, both parties would have to provide financial information to the court.
Requests to change support amounts can be permanent or temporary. If a parent loses their job or has a personal medical emergency, or if the child has a medical emergency, the judge may grant a temporary change in support payments.
Work with the court to change child support agreements
Child support orders are meant to be long-term, so frivolous requests for changes are not kindly accepted by the courts. The proposed increase or decrease must be at least 10% for the court to consider it. When divorced parties present their finances to the court, they open themselves up for the court to reassess the amount paid and they may pay or receive more than planned.
Once a child support agreement goes into effect, any change in the amount of the payment must go through the courts. Even if one parent informally more or less agrees, the agreement still needs to be added to the agreement.
If you need a change in your child support agreement, due to a change in circumstances or a change in cost of living, your family law attorney at Burton Law can help.