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When are child support modifications permanent?

On Behalf of | May 25, 2021 | Child Custody |

The courts do not change child support orders lightly. Judges want to know that a parent is not trying to avoid his or her duty to a child and that there is sufficient justification to change an order. While sometimes a support modification will be temporary, there are instances when a parent can permanently change a modification order.

According to FindLaw, whether a court will temporarily or permanently modify a child support order will depend on the circumstances that require the modification.

Temporary modifications

When judges temporarily change a support order, it is almost always because of a situation that will not be permanent. A parent or a child may have a sudden medical emergency or a parent may lose employment. Some situations may require that one parent take custody for a time if the other parent becomes temporarily incapacitated.

If a parent or a child recovers their health or an unemployed parent finds a new job, a court will likely restore the prior support and/or custody arrangement. It is when circumstances do not change that a court might make the change permanent.

Permanent modifications

The life-changing impact of an accident or an illness on a parent or a child can necessitate a permanent change in support. A child may need more money for medical bills or a paying parent becomes disabled and loses the ability to earn an income. Other situations may involve changes to the lifestyle of one or both parents, such as marrying a new spouse or finding a higher-paying job.

It is also possible that the state legislature may pass new laws that could change your support and custody arrangements. Child support situations differ according to individual circumstances, so even if a court permanently changes support for parents in a similar situation as yours, you have no guarantee that a court will do the same for you.