Do You Qualify to Modify Your Child Support Payments?
Even amicable divorces can get a little messy, especially when children are involved. The issue of child support is rarely a simple matter, but underage children are entitled to these payments under federal law in Canada.
However, child support orders are subject to change and can be modified and negotiated when necessary. If you need to find out whether you qualify to change child support payments, Legalhood is there to provide all the answers.
We’ll discuss legitimate reasons for modifying child support payments and the steps required to put these changes into motion.
Reasons to Modify Child Support Payments
It probably doesn’t surprise you that you can’t simply decide to pay less for child support without a valid reason. The initial child support order issued by the family court lists the amount you need to pay each month.
If you were to skip payments, a designated Maintenance Enforcement Program in your province could enforce the court order. Therefore, you must go through proper legal channels to modify child support.
While each case is examined individually, there are several common situations when child support payors can request payment adjustments.
Change of Income or Unemployment
Losing a job can feel disorienting, especially when living paycheck to paycheck. If you also need to pay child support, your financial situation could send your life into disarray. That’s why acting quickly to modify child support can leave a little breathing room while looking for a new job.
Additionally, your new job may pay less, and you’ll still need the child support payments altered. The same applies if your boss cuts your wages in your current job or your business suffers a decrease in income.
Disability and Health Problems
Life is full of unpredictable events, and illness and injuries are a part of it. Having an acute or chronic medical problem can reduce one’s chances of finding or holding down a job. In those situations, they need to pause or significantly modify child support payments.
Keep in mind that the child’s interest always comes first and that the family court takes these matters very seriously.
Changing Needs of the Child
Finally, you might find it’s time to modify child support payments if your child is over 18 and they are becoming independent.
When a child becomes of legal age, the payments don’t automatically stop unless there’s a special provision in the support order that stipulates it.
Some parents choose to continue paying for their adult’s child college tuition or to help them financially until they get a full-time job. If you want to decrease the amount you pay, you’ll need to file an official request to the family court.
Get Clear Answers With Legalhood
The reasons mentioned above are the most common reasons, but not the only ones you may use to qualify to modify your child support payment. You might be in a unique situation and require advice from a legal expert.
Fortunately, Legalhood’s “Legal Answers” service was designed to help clients clear up any confusion they may have about the matter. All you need to do is fill out an 11-step smart form, answering simple questions.
You can describe your personal child support problem in detail and submit the question. Within two hours, a legal professional from Legalhood will call you and give you all the answers you need.
Understanding the Paperwork
Some of the most important questions our lawyers can help you with are how to fill out and file the correct paperwork for modifying child support payments.
This typically goes in one of two possible ways: the other parent agrees to payment changes and will sign the request form, or they don’t agree, and you’ll need to fill out a different form and serve them with the copy.
Whichever route you take, you need to submit the form to the local family court and wait for the judge’s decision.
A Legalhood lawyer can answer any questions about the process, including preparing a Certificate of Financial Disclosure if the reason for changing payments is due to income cuts.
Find the Best Solution With the Right Legal Advice
One of the most important things to understand about this process is that having a reason to modify child support might not be enough to make it happen.
Even if your financial situation changes, the court may decide to modify the order temporarily and revisit the case at a later date.
The rights of the child who has suffered through the divorce are a priority, and your belief that the child support payment is too high is not a good enough reason to have it modified.
However, the family court will modify the payments in many instances, and a Legalhood lawyer can set you on the right legal path. Visit our website for more information on our services.
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