The Commonwealth of Pennsylvania allows parents to modify child support and child custody orders when a material and substantial change in circumstances applies. It’s important to note that court orders remain in effect until the children age out or the court issues a modification. In other words, an informal agreement between you and your ex will have no legal bearing on the matter if they choose to fight you in court. The stakes are high for both child custody and child support. This makes it in your best interest to reach out for the skilled legal guidance of our experienced Wexford family law attorney at The Law Offices of Dawn K. Gull.
Modifying Child Support
To change your child support order, there must have been a significant change in your or your ex’s finances or in your children’s needs that supports the modification. Child support modifications are not automatic, but parents are entitled to a review every three years. As such, the court generates notices to determine if either parent would like a review at the three-year mark.
The Kinds of Changes that Can Support Modifications
A minor shift in your or your ex’s financial situation is unlikely to support a child support modification, but instances like the following may:
- The parent who pays child support has lost their job or has taken a serious cut in pay through no fault of their own
- The number of overnights the children spend with either parent has increased significantly
- One of the children has incurred significantly higher expenses in relation to health concerns, educational needs, or participation in extracurricular activities
- The paying parent is responsible for an additional child
- The paying parent has been incarcerated
Remarriage can also play a role in the sense that it can decrease a parent’s cost of living or can change their tax obligation and, therefore, increase their net income, which child support is based on.
How to Modify Child Support
The process for modifying child support involves filing a petition for modification, attending a scheduled support conference, and having the financial documentation needed to support your case. Having a seasoned family law lawyer on your side from the start is always in your best interest.
Modifying Child Custody
The legal process for modifying child custody is very similar to the process for modifying child support. The primary difference is that child custody is always based on the best interests of the children involved. This is evaluated in the context of primary concerns such as their safety, the stability of the home each parent provides, and the parental role each parent assumes.
While child custody and child support modification cases are handled separately, they are inextricably intertwined. For example, a significant change in visitation can support a child support modification.
Turn to Our Experienced Wexford Family Law Lawyer for the Help You Need
Dawn Gull is our trusted Wexford family law attorney at The Law Offices of Dawn K. Gull, and she will spare no effort in pursuit of a favorable modification or modifications on your behalf. Learn more by contacting us online or calling our firm at 412-440-5718 today.