During the divorce process, various aspects will be negotiated and settled. Ideally, you and your spouse will be able to negotiate amicably and come to agreements that suit all parties. Both for parents and the court, the best interests of the children will generally be the priority. A custody agreement will be approved on this basis.
In terms of caring for a child, there is also a financial aspect as well as custody. Typically, the parent who lives separately from the child will have to help with their upkeep by paying child support. Like any other legal judgment, a child support order is binding. But can it be modified?
Employment issues
The parent who pays custody may find themselves in the unfortunate position of losing their job. Obviously, this means they have no income coming in, which will make keeping up with child support quite difficult.
As long as a valid application and evidence are provided to the family court, they may consider reducing child support payments, at least until that parent has found employment again. The same can be said if the parent has had their hours slashed or faced a significant reduction in salary.
Health problems
It’s not only the sometimes volatile job market that can affect employment. If a parent suffers from an injury, illness or disability, then their ability to work and earn could be limited.
Child support orders are based on the financial circumstances of the parents at the time. This means that the court will consider making a modification if a parent is suffering from health issues that limit their ability to work.
Child support modifications don’t happen automatically. A compelling case needs to be brought before the family court. To make sure you do this appropriately, be sure you have some legal guidance behind you.