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Motion to Change Child Support

 

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Flowchart of Steps and Procedures   

In order to request a variation of child support, the Family Law Rules require that there have been a material change of circumstances. 

A Material Change of Circumstances can be a significant change in a parties' income such that the Federal Child Support Guideline amount is no longer a just amount of child support.  Other examples could be a child no longer being a dependent, one child changing their residence, the support payor having physical custody of the child for more than 40% of the time.  Please review your specific situation with me to determine if your situation would qualify.

Essentially, you will need to well document and prove your material change of circumstance.  If your income has decreased or you have lost your job, you need to be able to prove that.  The court operates by way of evidence.  If you have lost your job and cannot find another job, you need to be able to show where you have applied, the dates of those applications and the result of your applications.  In the event that the court is not satisfied that you have made a bona fide effort to find gainful employment, your motion to change may be dismissed.

Motions to change can be difficult procedures that have the potential to be contested by the other party.  It is common that the other party will contest your motion to change on the basis that their child support order will be reduced if you are successful.  These motions are often complex and have several issues.  You should consult with your lawyer about the specifics of your situation. 

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                                                                  Last modified: April 25, 2011 10:24 PM