Child Support

There is a formula to determine a presumptive amount of child support based on each parent's income, with each parent being responsible for his or her own pro rata share. Notwithstanding the presumptive amount of support, a judge can take many other factors into account when determining the final amount of child support to be paid.

Will A Judge Modify Child Support Payments If My Situation Changes?

A judge may make adjustments to each parent's support obligation by taking into account the following factors:

  • Has either parent had a significant change in income?
  • Has the need for daycare or its cost changed significantly?
  • Has there been a change in the child's medical or educational needs or a change in the cost of these?
  • Is the child spending more time with one parent than was originally contemplated under the original order?

An experienced attorney will point out factors that affect child support and will present evidence that may persuade a judge or jury. The judge or jury will review the additional factors and take them into consideration when setting the amount of child support. You will need to provide detailed documentation to support the deviation you are seeking from the presumptive statutory amount.

Some judges rarely deviate from the presumptive amount of child support without documentation of extreme circumstances, even if the paying party cannot pay the amount determined by the guidelines. An attorney can help you demonstrate your actual ability to pay or what your spouse should be paying, despite his or her pleas to the contrary. If circumstances change in the future, you may be able to return to court and ask to modify the existing amount.

Contact us for assistance with child support calculations at 478-207-5124 or complete our online contact form.