When you and your former spouse first came to a child support agreement, they weren’t making a high level of income. Now that their income has suddenly skyrocketed, you want your child to enjoy the same standard of living when staying with both parents. Can you ask for more child support, or is the judge’s decision set in stone?
Can you ask for more child support if your former spouse makes more money?
If your former spouse sees a sudden increase in income, you can indeed request more child support. However, most judges only allow you to petition the court once a year or so; if you’ve already done it once, you won’t be able to do it again until the waiting period is over. For this reason, you shouldn’t request a child support modification unless your former spouse’s income has significantly increased and will stay that way for at least a year or more.
Once you’ve decided to go through with the request, you can hire a family law attorney to help you prepare your case. You might have to prove to the judge that your former spouse’s income has increased and explain that your child deserves a share of that amount. If your petition is successful, the judge might order your former spouse to pay an increased amount of child support.
How might an attorney help you with your case?
An attorney may help you through every step of the divorce process, including renegotiating your agreement after the divorce is finalized. If your former spouse experiences an increase in income or your child’s expenses suddenly increase, your attorney may help you petition the judge for more child support. Your attorney might also help you renegotiate other agreements like visitation rights, parenting plans, spousal support and joint custody.