An ongoing child support obligation can be modified when there is a change in circumstance between when the support order was entered and current circumstances. One of the types of changes in circumstances is when a parent receives a raise, changes positions, or is promoted. If an individual’s income increases because the individual remarries, this increase in income will not be considered as a change in circumstances because courts only examine the income of a child’s parents. It is important for individuals to understand that increased income is but one factor that courts consider when determining whether or not to increase the amount of child support payments. Contact our child support lawyers in Birmingham, AL to learn more.
When an individual decides to request a modification of child support due to the increased income of a non-custodial parent, an individual must file a request with a court in addition to financial documentation. The court will then conduct a hearing to review the financial status and other relevant information for both parents.
An income increase may not be enough to satisfy a change in circumstances. Courts consider several factors including an individual’s salary. Courts will also examine the finances that individual gains from rent income, royalties, dividends, bonuses, and other benefits. The court will analyze potential financials hardships that might be associated with the child including costs associated for visitation or education. An individual’s income might also be offset by an a change in the amount of time a non-custodial parent spends with the child. Another way that a non-custodial parent’s income could be offset is if a custodial parents moves far enough away to require substantial travel costs. In addition to increases in income by non-custodial parents, custodial parents should know that an increase in their own income might result in a non-custodial parent having to pay less child support.
A special note should be made of fluctuating income received by some individuals, which may fluctuated each year or even monthly. One of the most common professions that experiences fluctuating income are salesmen. Many individuals who receive a base salary in addition to commission or bonuses earn fluctuating income. A company’s performance in addition to economic factors can also cause the income of an individual to change significantly. While a court will attempt to consider an individual’s average income, in some situations individuals might have to notify a court of law if an individual’s average income increases.
If you receive child support and the spouse who pays the support recently experienced an increase in income, consider contacting knowledgeable Birmingham family law attorney from Alabama Divorce & Family Lawyers, LLC who knows how to help individuals during their time of need.
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