Can You Fight a Child Support Increase?

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If your former spouse files a request for a child support increase, do you have to agree to it, or can you fight it?

A request for a child support modification can be challenged. To do so, you will put the request before a judge and ask the court to weigh the circumstances and concerns of both parents, as well as the needs of the child. Some of the factors a court will consider include:

  • Did you recently receive a substantial raise or get a new job?
  • How secure is your employment situation?
  • Does your child have a medical condition that demands significant out of pocket medical expenses?
  • Have the financial circumstances of the custodial spouse changed?

In North Dakota, any parent is allowed to request an increase for the amount of child support by submitting a Request for a Review form or a written request to Child Support. Generally, the requesting spouse will need to show a substantial change in circumstances for the request to be honored.

If your former spouse is asking for more money from you for the children, you may have a basis to contest the request. You will have to be ready to provide evidence of your financial circumstances, as well as providing documentation about expenses you cover for the children.

After both sides have presented their evidence, the court will weigh the circumstances and try to make a fair determination that will serve the child while not creating impossible demands on either of the parents.

If you want to challenge a request to increase your child support obligation, the family law attorneys of O’Keeffe O’Brien Lyson Foss can help. Tracy Lyson is an experienced family law attorney and can answer any questions you have. Call 701-235-8000 or 877-235-8002 today!

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