Cindy Allen & Associates PLLC

Phone: 405-310-8673

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Can I get my child support order changed?

There are numerous reasons why a child support order may need to be modified. The court understands that changes happen in everyone’s life -- such as illnesses, job loss and income reductions -- that result in child support orders to no longer be reasonable.

Additionally, a child may no longer have the same expenses and needs as when the order was established, or the other parent could be making more money. In any of these situations, you have a right to ask to reconsider the child support order in light of the changed circumstances.

If you are having trouble keeping up with child support because of an income reduction and have already fallen behind on your payments, it’s important to take action right away to prevent the situation from going from bad to worse.

However, it’s important to keep in mind that it the other parent cannot withhold visitation rights from you because of unpaid child support.

It is also possible to ask for your child support order to be modified if circumstances regarding the child's needs or expenses change, or if the other parent’s income changes.

For example, if the child has reached an age where daycare is no longer necessary, you can ask the court to modify the order to reduce the amount that was set aside for daycare. Or if you find out that the other parent has a higher-paying job, you can ask for support to be recalculated.

Finally, if you discovered that you have been paying support for expenses that are no longer used by your child, such as daycare, you can ask for repayment of those funds through a court order.

Remember, though: To get a child support order modified, you must ask the court to do so. You cannot just start paying less in child support or stop paying child support altogether. This could result in serious penalties such as being held in contempt of court, wage garnishment and property seizure.

In order to get child support modified, it is wise to work with an experienced family law attorney who has been through the process numerous times in the past and knows what the court will base its decision on.

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