I am paying child support for a case heard several years prior to the Oct 1st 2010 change. I have re-adjusted (increased) child support payments annually based on the original calculator we used to appropriately reflect increases in salary. Neither I nor my ex-spouse are earning substantially more or less money since the new child support law took effect. If my ex-spouse requests that we now use the new calculations method, is this required and/or justified?
In order for child support to be modified, there must be a showing of a material change in circumstances. This means that there must be a substantial increase or decrease by one or both of you. Absent such a material change, then there is no entitled to a modification. Without an entitled to a modification, neither the new or current guidelines will be used. If a modification did occur or should occur in the future, the court will use the new guidelines.
You may wish to speak with an attorney.
Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.