What do I need to show to get an adjustment/modification of child support, especially a credit or deviation?

Court ordered child support based on imputed income (i was a recent graduate and only had found part time work at the time), I now have full time work (which is less than what was imputed). More importantly, I have my son 45 percent of the time, pay all expenses while he is with me (food, clothing, entertaininment, transportation, medicine, etc), split all child care costs, school costs, and activities, and am paying his Dad (who has him one extra night a week), over $600 a month in child support. I understand the general rules/procedure for getting it changed, but don't know what I need to show to get a credit/deviation from the general order for all the expenses I incure while my son is with me.
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Answers (1)

Dave Hawkins

Dave Hawkins

Contributor Level 7
You would need to file a Petition to modify support based upon changed circumstances. Since you are now working, the transfer payment to your ex may increase if you are making more than the imputed amount. As to a request for deviation, it is up to the court hearing the case and is completely discretionary. There are statutory reasons for deviating and if you cannot prove that you fit into one of those reasons, it may be difficult to deviate down from the specified transfer payment.

Hope this helps
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