The Importance of Taking Quick Action When Circumstances Change.

Child support can be modified based on a change in circumstances.  To have a “change in circumstances,” there needs to be a 20% difference in the income of the payor.  What many people don’t understand is that child support will change not from the date that your income dropped, but from the date that you moved the court to modify child support.  I recently had a client who came in for a child support modification.  He owed child support arrearages because his income dropped and he was unable to pay the full amount.  He had a hard time understanding that the judge could not, even if she wanted to, reduce the amount of arrearages.  He then was hoping that the judge would reduce his prospective amount of child support payments based on the arrearages that grew unfairly, i.e. during a time when he wasn’t making much money.  Unfortunately, even if the judge really wanted to help him, she is powerless to modify the statutory amount of child support.  The lesson here is: if there is a change in circumstances, hire an attorney immediately to modify child support.