Most folks don’t realize that after 3 years if there is at least a 20% or $100.00 difference between the guideline child support amount at the time the order was signed and the amount that would be awarded under guidelines in the present day, they can go through a child support review. This review is useful for both payers (“obligors”) and receivers (“obligees”) of child support.
If you receive child support and know the party paying child support received a raise, was promoted, or got a second job and it has been 3 years or more since the order was signed you can request a review. This review will help raise the child support in accordance with the other party’s new earnings. Unfortunately the child support office doesn’t automatically recalculate child support when someone gets a promotion or a second job but the review means you have the power to request a change for the support of your child.
If you are paying child support and you have a situation where you become unemployed or lose the job you had when the order was first signed and took a job that pays less the judge can assess the situation to see if the child support can be reduced. Though a review is not going to eliminate child support, even if you are unemployed. If you are considered able to work, judges will likely at least order child support in accordance with full-time minimum wage earnings. If you have special skills or degrees and the judge finds you to be intentionally underemployed, the judge may order child support in the amount in accordance with the person’s earning capacity. This helps ensure to make sure people who have the earning capacity to support their children do so.
Judges consider many factors when going through a review such as the person’s current job, earning capacity, the job market, and other children to name a few. It’s a good idea to contact a lawyer and discuss the options for filing a child support review and the likelihood of what will happen and how child support can be adjusted. If it has been 3 years or more since your last child support order was signed, schedule a free 30-minute consult with the attorneys at Schneider Law Firm and see what they can do for you.