Q: Does filing for Child Support Modification affect one's ability to file for changes to the Custody Agreement?
I am planning on filing a Child Support Modification order as I am paying more than what the state would dictate with my and my ex's current financial statuses and costs associated with our children, as there has been significant changes in both the incomes and child expensive of both parents. It has not been 2 years since the original agreement was drawn up, but it has never been amended. However, in the next year, I would like to petition for primary custody. Will filing the Child Support Modification affect my ability to petition for primary custody or affect my likelihood of being awarded primary custody?
If so, it will change the timing of each event, and I would prioritize finding a lawyer and evidence to support my having primary custody.
A: The child support can be modified due to the change in circumstances of the parties, such as termination of employment or diminished salary. The change of custody is another and separate matter.
A: If it has not been 2 years since the last child support order was signed then you cannot modify it, unless there is a material change in circumstances. Therefore, you do not have grounds for a modification unless you can prove those material changes. If you now want to file for primary physical custody, again, you have to show there has been a material change in circumstances. Because in order to modify custody, you have to be able to meet that standard. There would be no reason to modify your child support if you are going to seek custody. Because why pay for a modification action just to turn around and pay for a custody action? This is why you should talk directly to a lawyer about what you are trying to accomplish so you file the correct action in court.
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