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When to request child support modification

| Aug 11, 2020 | Child Custody And Visitation |

Custodial and non-custodial parents in Indiana can request modification of child support based on their circumstances. Sometimes, the parents can come to an agreement on their own terms, but not having a court-ordered agreement may cause issues with back payments. The custodial parent commonly has to file a petition with the court, but they court only approves requests under certain situations.

Why and when to request modification

Many courts only approve modification requests if they determine that the non-custodial parent had a significant reduction of income or the cost of the child’s needs increased. The courts apply various factors, such as insurance and cost of child care, to figure the amount. However, some states restrict how many requests the courts review and approve in a time frame. For example, they may restrict requesting child support modifications to once every two years.

When should a custodial parent request modification?

A custodial parent could be able to ask for a modification if they find that the non-custodial parent had a significant increase in income. They may also request an increase in child support in circumstances where the child’s expenses have increased because of a medical condition. However, since states restrict request frequency, a parent should be mindful not to ask for an increase frivolously.

When should a non-custodial parent request modification?

A non-custodial parent should request a modification only when their income has decreased due to unexpected causes. The requesting party should be aware that the court will investigate the claims. If they find that the difference in what the party made beforehand and at present isn’t much, they could deny the request.

To make their request, the parent should contact the local child support enforcement office. If the person feels that too much money is being demanded from them or if the non-custodial parent falls behind on payments, a child support attorney may be able to help.