You can win a child support modification case in Connecticut by starting as early as possible and being exhaustive with your financial documentation. You also need to be honest with your financial reporting and have good conduct during any hearings.
A New Haven divorce lawyer in Connecticut from Happy Even After can provide legal representation if you are currently seeking to modify or enforce an existing child support order.
Reasons to Modify a Child Support Order in Connecticut
Connecticut law only allows modifying an existing child support order when there’s been a material change in circumstances. You can’t just request a modification whenever—there must have been some substantial change in your life that warrants reconsidering the agreement. Potential reasons for requesting a modification include the following:
- Loss or gain in income
- Changes in employment and earnings
- Parenting or child custody changes
- The child has new educational or medical needs
- Parent becomes disabled or ill
- Child is no longer a minor
These changes must be ongoing and not voluntary. For instance, a person couldn’t quit their job or reduce their working hours to pay a lower child support amount. If you have questions about whether your situation qualifies, you can speak to a team member from Happy Even After.
15% Guideline and Child Support in Connecticut
Parents must normally prove there has been a substantial change in material circumstances to change an existing support order. However, there is also the 15% rule to understand.
According to the 15% rule: If applying Connecticut’s child support formula results in an amount 15% greater or higher than the current amount, it counts as a substantial change in circumstances. This is true even if there hasn’t been a major life event.
For instance, if the current support amount is $100, but applying the formula now gives an amount of $115 or greater, that change would be sufficient to justify modifying an existing child support order.
For a legal consultation, call 203-288-7800
Modifying a Child Support Order: The Process
A lawyer from Happy Even After can walk you through the entire child support modification process. Below is a quick breakdown of what to expect:
1. File a Petition
The first step is filing a petition for modification of an existing order. You must file the petition with the court that made the original order. When you submit the petition, you must also pay a filing fee and serve copies to the other party involved in the order.
2. Financial Discovery
Once a petition has been filed and a hearing granted, each parent must submit to financial discovery. They must submit information about their financial situation, including income, assets, liabilities, and existing support obligations.
3. Child Support Hearing
If the parents agree on the order modification, a judge can approve it. Contested modifications may require a child support hearing. During a hearing, each side will present arguments and evidence for their positions before a family law judge decides.
Tips for Winning a Child Support Modification Case
Below are some tips on winning a child support modification case. :
- Start early. You need to start as early as possible to win a child support modification case. Changes to payments are not retroactive and only apply once you file a petition for modification. For instance, if you lose your job and then file six months later, you’d still have to pay your original obligation during those six months.
- Gather exhaustive evidence. Child support calculations are exact, and you need to provide as much evidence concerning your financial situation as possible. This includes records like pay stubs, tax returns, benefits statements, profit/loss statements, or bank statements. You also need evidence of your relevant mandatory expenses.
- Be honest about finances. Don’t attempt to conceal any assets or sources of income in order to modify amounts. Intentionally concealing assets during child support proceedings is a serious violation and can result in severe penalties. Falsifying statements or official documents is a crime that can result in arrest.
- Watch your conduct during hearings. Make sure you are polite and gracious during a child support modification hearing. Judges can and will consider your personal conduct when determining whether to grant a modification. Being combative or adversarial can hurt your chances.
- Use a lawyer. You should always work with a lawyer when attempting to modify a child support order. A lawyer from Happy Even After can provide general strategy and help you organize your documentation. They can also represent you during any hearings and present arguments on your behalf.
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Contact a Child Support Lawyer from Happy Even After
Do you have any more questions about winning a child support modification case in Connecticut? If so, give the family lawyers at Happy Even After a call. We have over 60 years of combined legal experience and have a reputation as a strategic and solution-focused firm. We can represent you in child support hearings and fight to ensure a fair and satisfactory outcome.
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