Reasons to Request Alimony or Child Support Adjustments
It is possible, although difficult, to get your alimony or child support order adjusted after your divorce. This is typically an uphill battle, so hiring an experienced family law attorney will make the process easier and more likely to succeed.
For an adjustment to be considered, you must prove one of the following:
- There has been a significant change in financial circumstances since the initial order was entered by the court.
- The needs of the child have changed.
Financial Reasons to Request a Change in Support
You can petition the court to have spousal support or child support adjusted based on a change in either your or your ex’s financial circumstances. Listed below are just a few of the situations that might qualify:
- Job loss or a severe reduction in hours being worked
- New children being born and requiring support
- The paying spouse retiring
- A new job that will result in an increase in income
Health Reasons to Request a Support Change
If the person paying alimony or child support is facing severe health problems, unable to work, or paying expensive medical bills, there may be justification to request a temporary change in the payments being made. You will need to demonstrate why this is necessary, and a judge will ultimately decide how to proceed.
Changes in a Child’s Circumstances
Child support is set during the divorce, but as children grow, their needs may change. It is possible that they will require additional educational support, have a unique opportunity, be heavily involved in sports, or require medical care that was unnecessary at the time of the divorce.
Any of these circumstances could require increased financial support from both parents, and child support will need to be adjusted accordingly. In this case, it is typically the custodial parent who will bring the request before the court, but either parent can.
Miscellaneous Reasons to Adjust Support Agreements
It is also common to request changes in alimony or child support arrangements if the spouse receiving support has remarried or is purposefully not working.
The Adjustment Process
You can make alimony or child support changes in one of two ways: You and your ex-spouse can either agree to the change or petition the court and have a judge decide. If you can agree to an adjustment, this can save a significant amount of time, but you should still have an attorney draw up the new agreement and present it to the court for final legal approval. Without a judge’s signature, your changes won’t be valid.
If you cannot agree, you must petition the court to have the changes made. Your ex-spouse will need to be formally heard, a date set for the hearing, and arguments made before a judge. Working with an attorney will make it much easier for you to present your case, demonstrate its strength, and successfully argue why your request should be granted. A judge will make the final ruling after hearing from everyone, so it is important to prepare a strong and valid argument.
Consult a Rancho Cucamonga Family Law Attorney
Getting a fair alimony or child support plan isn’t easy, and getting adjustments approved later can be an equal challenge. The Law Office of Laurence J. Brock can help you demonstrate your need for a change before the court and give you the best chance for success. To get started with a free, no-obligation consultation, give us a call at 909-466-7661 or reach us through the contact form below.