Child support orders are made based on a number of factors affecting the lives of a divorced couple. Both parties may not always believe that the child support order is fair, but it is ultimately up to the discretion of the court in most of these cases, and the courts tend to do what they believe is best for the child. At the same time, it’s important to remember that the order is determined based on factors at the time of divorce, meaning that the support order, much like the factors of life, is subject to change.
If changing circumstances make it so that you can no longer make your child support payments, know that your child support order can be changed to reflect these new circumstances. However, the modification will only occur if you bring the case before the courts and successfully prove that the previous payments are no longer feasible.
Consider if you lose your job or you suffer a serious injury that prevents you from earning wages. Obviously you will no longer be able to make the same child support payments you could when you were regularly working. As far as the law is concerned, even if you have lost your job, you are still obligated to make your child support payments, which is why it is imperative that you act quickly when your circumstances change.
Unless and until the child support order is modified, you must continue to make your payments as best you can. However, the sooner you meet with your former spouse and consult an attorney to help you with the aspects of your case, the sooner you can change your child support payments to better reflect your new circumstances. For more information on the steps you can take to modify your child support order, click here.