A child support order remains in effect until it is modified. If your income or custody situation has changed, you should notify the court and seek a modification of your current child support obligations. It is important to file a modification with the court immediately after your situation changes because the court does not have the ability to change your obligations prior to your filing. Once the filing is made, you can seek temporary immediate relief.
One of the key advantages of filing a modification with the court is that the payer of support can stop or modify their payment without the possibility of civil contempt. The court will adjust the child support payment in arrears from the date of the filing. Although there is still a penalty for support in arrears, it will likely be less than if the payer had done nothing and let the previous support order stand.
Although the modification may cost attorneys fees and court costs, this amount is minimal when compared to the cost of doing nothing and having the support payments accumulate.
If you have any questions or need more information regarding a custody modification, you can contact us here.