Birmingham Child Support Modification Lawyer
Court orders issued during a divorce are final and legally binding. However, if there is one thing that is constant in life, it is change. After a child support order is issued, you may lose your job and be unable to make the same payments. Or, perhaps your former spouse pays child support and has just received a big promotion, allowing them to pay more in child support. Regardless of the situation you are now facing, it is sometimes possible to modify a child support order. Below, our Birmingham child support modification lawyer explains how to do it.
When Can You Modify Child Support in Alabama?
Under state law, it is possible to modify a child support order if there has been a significant change in circumstances since the time the original order was issued. A significant change in circumstances can entail many different scenarios, but some are more common than others. These include:
- When one party loses their job, remarries, or experiences another change in finances
- When one party relocates or there is another event that affects child custody and support
- When the financial needs of the child change
When one of the above situations applies, either parent or even the state can petition the court to modify a child support order. Depending on the circumstances, you can ask the court to provide you with more or less child support.
How to Modify Child Support
When working with a Birmingham child support modification lawyer, they can assist you with filling out the “Request to Change Child Support” and “Child Support Obligation Income Affidavit” and submitting them to the court. You should also collect any financial information you have including pay stubs, bank statements, and tax returns.
When making a decision about whether to modify a child support order, a judge will use a similar analysis used when the initial order was issued. A judge will apply the state’s child support guidelines to your case to determine if more or less support should be paid. It is important to know that a judge may make a decision, based on the financial situations of the parents, to reduce or increase the amount of payments. Even if you were initially asking the court to reduce payments, a judge may still determine that you can afford to pay more based on your financial position.
Once you have filed your request to modify child support, the other parent will be given a copy of the papers, as well as a court date hearing. At the hearing, you both will have the opportunity to inform the judge of the change in circumstances. A judge will then make their decision and issue a new order within 45 days of the hearing.
Our Child Support Modification Lawyer in Birmingham Can Help Prove Your Case
If you have experienced a substantial change in circumstances and need to modify an order, our Birmingham child support modification lawyer at Peeples Law can prove your case so you have the best chance of success. Call us now at 205-403-5577 or contact us online to schedule a consultation and to learn more about how we can help.