I was divorced in 1999. We have two children. Child Support was granted in the amount of $350.00 per month. Can I get a modifi.?

The preliminary question to ask is whether there has been a significant change in the income or financial status of either you or your ex-spouse since the date of the last Order. It is not clear whether you want to modify upward or downward. If you are the custodial parent and your ex-spouse's income has gone up and the children's expenses have too; it is probably a good idea to modify. If you are the non-custodial spouse and your income has gone down or you have lost your job; it may be appropriate to modify. However, under the current guidelines it may difficult to reduce support from the original $ 350.

An appeal to the court to reduce the support can be done if income has declined or there is an argument to make about extenuating circumstances that you feel the court did not take into consideration. These may include custody of another child or financial hardships; if you have another child to support, the law allows for asking to reduce child support. If you had become unemployed since the amount of his payments were calculated, the judge may say you can reduce support.

Check with your own attorney to make sure your children's position is best represented. Consider the best interest of the child. The interest of the child is part of the process.

Good luck to you.

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