How and when to ask for a child support modification are questions so confusing that many parents do nothing about their change in financial circumstances. That can be a serious mistake, and it can cost a lot in the long term. A Child Support Lawyer in Rochester MN can give state-specific advice, but here are a few general ideas to remember.
Modifications Are Not Automatic
Just because there’s been a change in circumstances doesn’t mean that the order changes automatically. A common example of this occurs when a child covered by a support order turns 18. Most people assume that child support stops automatically, but that’s not the case. The same applies to changes in either parent’s income; it’s up to that person to report the change and ask for a modification.
It’s Not Retroactive
In most cases, child support modification orders only go back to the date on which the request was filed. For instance, if a parent is laid off in January but doesn’t ask for a modification until February, the court only considers the time going back to the date the motion was filed. There are exceptions to the rule, and that is why it’s important to consult a Child Support Lawyer in Rochester MN as soon as possible.
They Have to Go Through the Courts
Even if both parents agree that the support order should be changed, it has to go through the court. While no one likes to go to court because it’s time-consuming and expensive, there’s something worse: going back on contempt charges because the other parent forgot the verbal agreement. No matter how reasonable the other person is, it’s not a good idea to rely on a verbal or written agreement. Only the court is able to change child support orders.
Get Payment Records Entered Into Evidence
While the final point may seem elementary, the rules are quite complex, as many people have discovered. A parent can have all the necessary records, but they’re useless unless they’re included in the evidence. By consulting with an attorney early on, a parent can prepare his or her case and get the best possible outcome in court. Visit their Site for more information or call the firm today to schedule a no-obligation consultation.
