My ex has received a raise. Can I modify the child support amount?
Posted by Mary E. Ramos | Child Support
If there has been a material and substantial change in the circumstances of the child, three years since the last child support order and a difference in the month child support amount by either 20% or $100 from what is currently ordered, then you are entitled to ask the Court to increase the amount of monthly child support ordered.
This cannot be done by a simple agreement by the parties; a new order must be signed and approved by the Court for the increased amount to go into effect. You can achieve this by either working with the Office of the Attorney General or hiring a family law attorney to file a modification suit for you.
The party who receives the monthly child support (called the Obligee) can contact their local Office of the Attorney General Child Support office to request that a review be done and increased child support be ordered. The upside to using the Office of the Attorney General is that the services offered are free and can be done without hiring an attorney. The downside is that the Office of the Attorney General is inundated with thousands of cases per year and it can take some time before your case is set for trial on the court’s docket for a child support modification.
The potentially faster method would be retaining private counsel. An experienced family law attorney will be able to tell you how much of an increase in child support you can expect to receive. Private counsel will also likely be able to set the matter for a hearing faster than the Office of the Attorney General would be able to do so.
If you think you are entitled to an increase in child support, contact the Ramos Law Group, PLLC and schedule a consultation to discuss the facts of your case.