Both parents are free, within certain limits, to make some decisions regarding child support orders and child support payments. This includes one of the parents agreeing to deviate from the child support guidelines and paying more than the suggested amount. This can also include agreeing to accept a lower child support amount because it is a better fit for your life at the moment.
For example, if both sides agree that someone should be home with the children until they have reached a certain age, the parent paying child support can agree to pay a higher child support amount so it can fit with the new plan that has been agreed upon. Even when you agree to certain terms, a judge will still have to review the decisions that have been made. The judge will have the final decision and will decide if the agreed upon amount is appropriate.
If an agreement cannot be reached, and one parent has asked the court to award a child support amount that is not the same as the court-ordered child support amount, the parent will have to find a way to convince the judge that the asking amount is necessary. If you feel that you have good reasons to ask for the amount you are requesting, you will have to provide documentation for those reasons.
Why Do You Want To Raise Child Support Payments?
If neither side can agree on a child support payment amount, a judge can sometimes order one parent to pay an amount that is different from the guidelines that have been set by the state. There are various reasons why a judge would make this decision.
The Paying Parent Can Afford It
If the parent paying child support makes a significant amount of money from a job or has various assets, properties, vehicles, etc., the judge will feel that the parent can afford to make a high child support payment.
The Paying Parent Is Avoiding The Obligation
If the noncustodial parent is purposely working a job that pays a low wage, the judge can order the parent to pay more than the state guidelines. If the paying parent qualifies for a higher paying job but chose a lower paying job on purpose, the court can calculate the child support payments based on what the parent can actually earn based on the education, skills, and experience.
The Child Needs Extra Support
If the child has a certain need that requires extra care and attention, the court may order more support. If a child has a medical condition or psychological condition, the court could order a higher child support amount so all of the child’s needs will be taken care of. Also, the paying parent may also be required to pay more so the child can participate in after-school activities, sports, etc.
When Can Child Support Payments Be Lowered?
Not only can the judge order higher child support payments, he or she can also reduce the child support payments that are being paid. If the noncustodial parent has a substantial income, the judge can reduce the amount of the child support payment that is being made by the noncustodial parent, especially if the judge thinks that the state guidelines will mean the parent will be paying much more than is needed. However, both parents will still have to contribute to the support of the children.
Child Support And Other Expenses
If the noncustodial parent is paying child support and for school and other expenses, the child support payments may be lowered.
Not Enough Income
If the noncustodial parent truly cannot afford to pay the set amount, the judge may lower the child support payments for a certain period of time. However, the parents will likely have to return to court at a later date.
Every parent is required to provide support to a child. This means that every child should have the necessities they need in life.
Have you found yourself in a difficult situation regarding child support? Contact us today for a consultation.