You may be wondering when it's appropriate to modify your child support agreement. Child support is an often controversial subject because it involves a long-term financial commitment. The paying spouse may be looking to pay as little as possible (if the amount is disputed), while the receiving spouse may be looking to maximise what they get.
In most cases, a child custody agreement is drafted by the court and it considers many different factors. Once set in stone, the agreement can only be modified under specific circumstances. For example, if one spouse loses or gains income, their financial state will change and may cause a modification of the custody agreement.
Here are several cases where the agreement may need to be updated.
When the paying spouse's income increases
If you typically pay a specific amount in child support and your income increases, you may be liable to increase your child support payments. However, the increase in income should meet a specific threshold before your child custody agreement can be modified. This means that receiving a modest raise at work may not necessarily translate to higher child support payments.
However, a significant increase may cause the court to review your agreement and adjust your obligations accordingly. This is because your child is expected to maintain a lifestyle that's similar to yours. If you earn more, then your child should also receive a proportionate increase in support from your income.
When the receiving spouse's income increases
A child support agreement can also change if the receiving spouse starts earning an income. For example, if you get a job, re-marry, or participate in any other income-generating activity, you may now be able to contribute more significantly to your child's expenses.
The court will determine whether a receiving spouse's income is now high enough to warrant a review of the child support agreement. Remember that this legally binding document is a fluid and can change depending on the current circumstances of each spouse.
How to legally modify the child support agreement
If you feel that the child support agreement needs modification, make sure you consult your family lawyer. The lawyer will process any changes through a family court to ensure that the deal is fair for both sides.
The agreement will also need to be scrutinised by a judge to make it legally binding. A verbal agreement between you and your former spouse isn't enough to make the child support document legally binding.
For more information, contact a local family law service.
Share12 November 2019
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