Modifying child support and child custody may be possible in some circumstances. It is helpful for divorced parents to be familiar with when these circumstances may apply and how they can seek a post-divorce modification if needed.
How to modify child support or child custody
Modifying child support or child custody may be possible based on a significant change in circumstances. Divorced parents seeking a child support modification or child custody modification should follow these steps:
- Act promptly – because divorced parents will need to follow any existing child custody or child support order until the family law court has approved any changes, it is important for a parent who knows they will be seeking a modification to act promptly.
- Work with the other parent – if possible, divorced parents are encouraged to reach agreements related to child support and child custody. Any change will need to be approved by the family law court but it is beneficial if the parents can work together.
- Document a change in circumstances – child support and child custody modifications are based on a significant change in circumstances. A significant change in circumstances may be considered the loss of a job, a change in marital status or a move. The parent seeking a modification should be prepared to document their change in circumstances.
Make sure you follow due process
It is important for both parents to understand that they must continue to abide by any existing child support orders or child custody arrangements until any changes have been made official by the family law court. The family law process provides resources to help divorced parents modify child support and child custody because life seldom remains unchanged following a divorce and modifications may be needed.