The laws governing child support may vary from state to state in Canada, but most courts would require a compelling reason to change any part of the child support agreement. If you want to modify the agreement in any way, you should seek the help of a family lawyer. They will be able to give you sound advice as to what reasons can become acceptable in court. It takes a good lawyer to be able to make any reason stand in court. After all, a family lawyer is an expert in handling family cases; thus, you can be sure that you are in good hands.
Whether it is an increase or a decrease in child support, you must be able to prove that the amount previously approved by the court has become inappropriate because of substantial changes in the circumstances where you find yourself in. What could become acceptable in court? Here are a few fundamental reasons for the modification of child support:
- A change in the child’s health condition may granted a change in child support agreement. If the child needs more financial aid than before because of the illness, the court readily gives such change in the request to ensure that the child gets all the medical support he needs.
- Illness or disability of the paying parent may also stand as a reason in court. If the paying parent met an accident or is suffering from a health condition that hinders him from earning as much as he used to, it could be utilized as a reason to request to decrease child support. Such circumstances become admissible in court.
- A reasonable increase or reduction in the income of one or both parents could also be used as a reason for the request. Although this reason may be a bit weak, a good family lawyer can make it seem like the strongest with all the necessary evidence presented in court.
- A change in the custody of the child may also be granted such change in the child support agreement. If the child lives with the parent that used to pay higher child support, the court may allow the switch in the amount paid by each parent.
After the divorce has been made final, any of the parents can request for changes in the child support agreement that they signed during the divorce process. Such request must be legally presented in court with similar evidence to help strengthen the application. The approval of such application is a whole different matter. The requesting parent must be able to substantiate the change in the circumstances they find themselves in. The process may be long and hard, but a good family lawyer can help you do something about it.