Is It Possible to Increase Child Support Payments? (What Are the Requirements to Do It?)

Parenthood is one of the most unpredictable things in our life. In fact, life itself is quite unpredictable. So it’s no surprise that when it comes to child support, what worked a few months ago or a few years ago may prove unviable over time.

But don’t worry – if you agreed to a certain amount of child support payments and that amount is no longer working out because your kids have grown older and require more financial support, you can modify your original child support agreement.

Today, our child support attorney is going to outline the requirements that make it possible to request that a court modify the amount of support.

How to increase child support payments?

If you’re wondering “Is it possible to increase child support payments?” our attorneys at the Law Offices of S. G. Morrow & Associates answer: it is possible. In fact, you could change the amount of child support either up or down.

This is something we’ve recently witnessed in the news when Britney Spears’ ex Kevin Federline requested an increase in child support. You’re probably wondering by now, “Wait is Federline the one with custodial parent rights to Britney’s kids?” and the answer is: yes.

While it may sound bizarre that a father is the one asking for child support payments, there has actually been an increase in cases in the United States when the father becomes the custodial parent and receives child support from the mother of their children.

Back to the topic. So Federline has hired a child support lawyer to request an increase in child support after Britney’s lucrative Las Vegas residency. The father of their two sons, Preston, 12, and Jayden, 11, currently receives $20,000 a month.

As it should always be the case when you’re filing a request to modify the child support agreement, the lawyer outlined reasons why Federline, who was married to Britney between 2004 and 2007, should receive more.

Requirements to modify child support

One of the biggest requirements to modify child support payments to either increase or decrease the amount is to prove that after the existing agreement was put in place, there has been a substantial change in circumstances that require more or less support.

“What is a substantial change in circumstances?” you may be wondering. Well, think: a change in the child’s needs, the child starting to go to school, an increase in salary of the noncustodial parent, or, on the other hand, the involuntary loss of a job.

Our best child support attorneys in Aventura have prepared a list of the most common reasons for child support modifications in Florida and elsewhere in the U.S.:

1. A substantial increase in the child’s needs, which require more financial support, including but not limited to unexpected medical expenses (for example, the child sustained injuries in a car accident), educational expenses, cost-of-living increases, etc.
2. A substantial increase in the non-custodial parent’s salary. “How is this fair?” many of our clients ask. Well, courts in Florida consider it in the best interest of the child to live a better life, and an increase in the non-custodial parent’s income can help the custodial parent afford more things for their children. An increase of 10 percent or more is usually considered enough to approve a child support modification.
3. A substantial decrease in the custodial parent’s income, either because he/she loses a job or his/her salary is significantly reduced.

Do note, however, that a child support modification would be declined if the “substantial changes” were a result of one of the parent’s intentional actions. For example, the noncustodial parent quitting his/her job will most likely not help him/her obtain a decrease in child support payments. Similarly, taking a substantial pay cut voluntarily will most likely not be considered a qualified reason for decreasing support.

You need a  child support attorney for that

In order to modify child support payments, it is vital to get court approval. That’s why it’s essential to be seek legal help of a child support lawyer who will help you issue a new order with the new amount and/or terms through a court.

A court will not enforce verbal child support agreements, which is why agreeing to increase or decrease child support between yourself may make it impossible to take legal action against the noncustodial parent for falling behind on payments for the modified amount (the court will invoke the original support agreement).

Consult our Aventura child support attorneys at the Law Offices of S. G. Morrow & Associates to find out more. Call our offices at 786-558-4950 or fill out this contact form to get a free consultation.