Spousal and Child Support Modifications: Don’t File Until You Do This
When it comes to modifying child support or spousal support orders, many people rush to file motions without fully understanding the potential consequences. Tim Blankenship of Divorce661.com shares valuable insight on why it’s crucial to carefully evaluate your situation before taking legal action. In this article, we’ll explore the key considerations you should keep in mind before filing for a modification, how to approach the process strategically, and why running the numbers first can save you time, money, and stress.
Understanding Support Modifications
The court retains jurisdiction over child support and spousal support orders, meaning that if there is a significant change in circumstances—such as an increase or decrease in income—you can petition the court to modify the support amount. This flexibility is designed to ensure that support obligations remain fair and appropriate as financial situations evolve.
However, the decision to modify support is not as straightforward as it may seem. Whether you are the payer or the recipient, it’s essential to understand that a motion to modify can result in either an increase or a decrease in support payments, depending on the updated financial circumstances and custody arrangements.
Why You Should Run the Numbers Before Filing
One of the most common mistakes people make is filing a motion to modify support without first analyzing how the change will impact the final amount. Tim Blankenship emphasizes that in his experience, at least 50% of the time, running the calculations shows that the modification would actually result in less support or spousal payments, which is often not in the filer’s favor.
For example, a recent client wanted to modify both spousal and child support as well as address arrearages. Before filing, Tim ran the numbers using the DysoMaster calculator, which factors in each party’s income and timeshare percentages. The result? The client would have received less child support under the new circumstances. Had she filed the motion without checking, her support payments would have decreased unintentionally.
This example highlights why it’s critical to do your homework first. Modifying support without understanding the financial implications can backfire—resulting in less money than before or unexpected obligations.
How to Approach Modifications Strategically
If you are considering a modification, here are some practical steps to take:
- Consult a Professional Early: Before filing anything, speak with an attorney or a legal expert who can run the support calculations based on your current income, your ex-spouse’s income, and custody arrangements.
- Consider a Stipulation: If you and your ex-spouse are on good terms, discuss the change in circumstances with them first. Agreeing on new support terms outside of court can save time, reduce costs, and avoid the stress of litigation.
- Draft an Agreement: When both parties agree, a stipulation can be drafted and filed with the court for approval. This process is quicker, involves a small filing fee (typically around $20), and avoids the need for hearings or service of motions.
- Prepare for Court if Necessary: If an agreement can’t be reached, you can file a motion to modify support. Keep in mind that this will involve court hearings, service of documents, and a judge’s decision based on the evidence.
Tim notes that some attorneys may require expensive consultations before even reviewing your case, but a quick preliminary review of the numbers can often be done in minutes to determine if pursuing a modification makes sense.
Key Takeaways
- Don’t file a motion to modify child or spousal support without first running the support calculations based on current financial and custody details.
- At least half the time, a modification request may result in less support, which may not be the outcome you want.
- If possible, try to reach an agreement with your ex-spouse and submit a stipulation to the court to avoid litigation.
- Consult with an experienced professional who can quickly assess your situation and guide you on the best course of action.
Conclusion
Modifying child or spousal support is a significant decision that requires careful consideration and accurate calculations. Acting hastily without understanding the potential consequences can lead to unintended financial outcomes. By taking the time to run the numbers first, discussing options with your ex-spouse, and consulting a knowledgeable professional, you can make informed decisions that protect your interests.
For those thinking about support modifications, remember: the first step should always be to assess whether a change will actually benefit you. This approach saves time, money, and emotional strain in the long run.
If you want personalized assistance running the numbers or advice on support modifications, you can reach out to Tim Blankenship at Divorce661.com or call (661) 281-0266 for more information.