Q: Can Child Support be modified?
In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out of state it would have to be reevaluated. She told me she would be gone 6-8 months and I have this on a recording. I filed to modify child support in September when I lost my job. She filed a countermotion to get full custody and relocate my son and the judge ruled that I would keep my son and her request was denied. At that point would the judge's ruling be a permanent order? He also said I would get child support but then the new judge said I don't get child support because I haven't showed a reason.I lost my job before filing for the modification, my ex sees my son way less than the original agreement and she has just signed another 1 year lease making this permanent not temporary anymore
A: If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced Family Law attorney to review the judges decision on your custody order. With more information on the ruling/case, an experienced attorney will be able to provide a better explanation of your options.
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