Modification of Child Support : Our Thoughts
Please check in here for our thoughts on issues affecting our practice areas.  Remember these are only some of our thoughts and our opinions, of which we have many.  This is not to be considered to be legal advice.  This page is merely reflective of our musings about current events in the legal community and our thoughts about issues in our practice areas. If you want to know how some of the things we refer to here will apply to your particular situation, please call us today to schedule a free consultation. Or, if you are not local, reach out to a local attorney to get legal advice for your particular situation.   

Now that you know this is not legal advice, please read on.  

-Ann Ponichtera DeNardis and Antonio Daniel DeNardis

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Modification of Child Support

by Ponichtera & DeNardis, P.C. on 06/21/10

            One important rule of thumb to remember is there is no retroactive modification of child support.  What does this mean?  It means in short, that a judge can only change a child support order, which is presently in effect, back to the date that service of a complaint for modification was made upon the other parent.    A Complaint for Modification is the procedure in which a parent requests a change in child support from the Court by claiming or alleging a material and substantial change of circumstances has occurred.  Typically, the other parent must be given a copy of this document by a sheriff or constable, which process is known as service.    

                A Court can only go back to the date of service, in modifying a Court order for child support.    Circumstances that may constitute a material and substantial change of circumstances requiring a change in child support may be,  for example:  the loss of a job, a major increase or decrease in pay, unemployment due to major illness or injury, the emancipation of a child, or a change in custody of a child from one parent to another.   It is important to get to Court as quickly as possible after the changing event occurs to assure that the right amount of child support is established, because there is no going back to the date the event occurred, if there was no complaint for modification served upon the other parent at the time.    If a major change in circumstances has occurred to you, then be sure to contact a skilled attorney as soon as possible to file a Complaint for Modification to assure that your rights are protected.

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 We Listen,

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