Child support can often be modified after an original order is entered when circumstances change. State law may specify that this must be a material change, which may include an effect on income or expenses over a certain percentage amount. A change in your child’s needs may also justify modification of child support. Rather than heading back to court, the parties can use the mediation process to address their needs and legal dispute.
Mediation is a process in which a neutral third party attempts to help the parties reach an agreeable solution to their legal problem without further court involvement. The parties work together to come up with a solution that they can both accept. In mediation, the parties can discuss their child’s needs and explain why the existing amount of child support is not appropriate. Mediation can put the parents’ needs into perspective.
Also, In mediation, the parties can come up with a solution that takes more into consideration than the standard child support tables. Afterall, these tables represent an average family and not the specific needs of you and your children. For example, the parents may value higher education and may agree support should include payment of certain post-secondary expenses. Or, the parents may temporarily defer child support payments if the paying parent suffered a reduction in hours at work or a temporary job loss.
Mediation is also helpful because it decreases legal expenses. The less time parents spend fighting with each other, the less their legal expenses will be. The costs of mediation can be split between the parties. The parents may then present a joint petition to the court to modify the amount of support.
Like most court orders pertaining to children, child support orders can be modified when the circumstances call for it. Some of the common reasons why a child support order may need to be changed include: