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5 Dec. 2013

What Legal Standard Will The Court Apply In An Action To Modify Support?

Posted By The Buncher Law Corporation

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To prevent filings based on inconsequential increases and decreases in income, the law requires showing a substantial change before a support order can be modified.

Unfortunately, there is not a "bright line" rule to determine what actually constitutes a substantial change income. However, an attorney can help you evaluate whether dips or increases in income can justify a filing.

This is done by evaluating a current Income and Expense Declaration, along with current tax returns. The most crucial factor is whether either party's income has changed significantly since the date your final judgment was entered by the court.

Another factor to consider is a change in the time you and your ex-spouse care for your children. Has your former partner moved farther away, and are you experiencing increased cost related to visitation? Is your former partner shirking their obligation and avoiding their child care responsibilities? These could be reasons to seek a modification of support, and possibly custody, and you should consult an attorney immediately to evaluate your options.

It's important not to rush to court to seek seemingly inconsequential support adjustments, as this ultimately undermines your credibility before a judge. However, you should protect yourself and make sure the support you're receiving, or paying, is justified by the actual circumstances of your day-to-day life.

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