Can you file with the court to get more child support?
The court enforces child support on the non-custodial parent to make sure the child does not suffer because of a lack of financial resources. The custodial parent is obligated to pay monthly child support to cover educational, medical and general cost of living of the child.
Grounds for Upward Modification of Child Support
As the custodial parent, you can file a petition to modify child support if changes in circumstances have forced an increase in the expenditure of raising the child. This may include increased costs of education, medical expenditure, extra curricular activities and other activities for maintaining the child’s current standard of living.
If child support was agreed to by way of a separation agreement, the court will presume that the amount you agreed on is the appropriate amount. Regardless of whether you agreed or child support was previously set by the court, you must prove to the judge that the changes in circumstances are significant as well as material.
You can file to modify child support if circumstances have altered in such a manner as to impact your own financial resources. This may include loss of your employment or ill heath/ disability compromising your ability to work.
You can ask for upward modification of child support if the financial wellbeing of your ex-spouse has increased significantly. The court takes the view that the child has a right to benefit from the good fortunes of his/her parent.
Seek Legal Advice
The cost of raising a child usually increases as he/ she grows. It is best to build in an automatic upward modification clause in the child support agreement. This can minimize the number of times you need to go to the court. But each situation is different. Sometimes even in the presence of such a clause, going to court may be necessary.
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