Frequently, modifications to child support are sought by either the party who is receiving the child support payments is not able to meet the food, shelter or clothing needs of the children or by the party paying the child support because they are no longer able to pay the child support amount originally ordered.
If the now divorced couple does not agree that a modification to the child support payments should be made, then what can be done?
Firstly, know that all matters pertaining to the children, be it child support, health insurance coverage, payment for extracurricular activities, college, etc. are almost always modifiable as these matters stay within the jurisdiction of the court.
Ways to Proceed:
1) Legal Representation:
The parties (ex-wife and ex-husband) can each retain their own Attorney, who will represent them during the modification proceedings. A motion for modification will be filed with the court. This may be simple or not so simple, it depends on how much resistance your ex and/or their attorney give in terms of providing financial information and being willing to sit down all together and discuss the situation and possible options to seek resolution.
The parties (ex-wife and ex-husband) can decide to use private mediation as a way to reach an agreement on what will happen with the child support payments. This requires a willingness for each to sit down with a Mediator, who will work as a neutral and help both parties collectively rather than representing one party only.
The process of mediating this issue will include and necessitate each party disclosing financial information as necessary so that the income and expenses of each party and their children's needs can be clearly evaluated. With two people willing to explore options and address the needs that are not being met then, with a Mediator's help, there is no reason an agreement as to if, how and when child support will be modified can be taken care of with requiring Attorneys, Judges, Court filings, hearings and a lot of money out of everyone's pockets.
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