Some people have the misconception that once child support is established they are going to have to pay the same amount until the date stated in the agreement or in the Court Order. However, when child support payments are initially determined and set by the court, it does not mean the amount cannot ever change. Rather, changes can be made to existing support payments in cases where the income of the payor changes.
Anytime there is a change in your income, you need to report this change to the other side. The main reason to report the change would be to change the amount of child support you are required to pay. For instance, if you are laid off from your job and have no current income, there is no support payable. If your income has decreased, the amount of support would be lower.
If your payments are being enforced by the Family Responsibility Office in accordance with a Court Order, you need to vary the Order through the court to adjust your payments to FRO.
If the custodial parent is suddenly earning more money than they were at the time of the divorce, they would have to contribute a larger portion of s. 7 expenses proportionately to the parties’ incomes.
In addition, in cases where there is a change in the child custody and access arrangements, resulting in a change in the amount of time one or both parents are spending with their children, child support payments should be reviewed as modifications might be appropriate. The time each parent has access to the children is one of the factors used under the Federal Child Support Guidelines to determine support payments.
As you can see from the above examples, there are a variety of reasons why changes to income should be reported. Some benefit the custodial parent, while others benefit the noncustodial parent. While it is normally the responsibility of each parent to report changes to their own income, in certain situations, some parents choose to not report the changes. Should the other parent discover there has been a change in income, they have the right to request a hearing through their Ottawa family lawyer to get the original support amount modified.
Child support modification proceedings can be just as stressful and emotional as the original separation and divorce, especially when the divorce was contentious. Having an experienced family law lawyer representing your interests helps alleviate some of this stress and makes the process proceed more smoothly.
If your income or the income of your ex-spouse has changed and you seek a modification to the existing child support amount, or custody arrangements, do not hesitate to contact the Ottawa family lawyers at Davies Law Firm. Call 613-688-0462 now to schedule a consultation appointment.