Top Reasons for Support Modifications
Child Support Modifications
In order for a parent to petition the court for child support modification, there must be a “material and substantial change in circumstances pursuant to Pennsylvania Rule of Civil Procedure 1910.19. This substantial and material change in circumstance can include any of the following:
- Involuntarily losing a job;
- Being demoted unrelated to poor conduct, resulting in loss of benefits or wages;
- Getting a promotion, resulting in greater benefits and/or wages;
- Another change in income, such as receiving an unexpected lump sum of money;
- The child requires additional healthcare costs;
- Other costs caused by hardships ;
- The child’s other expenses increase, such as cost of tuition in a private school, tutoring, or other extracurricular expenses;
- A change in custody arrangements for the child;
- The child’s other expenses decrease; and
- The the number of children receiving child support.
Spousal Support / Alimony Modifications
Similar to a modification of child support, the petitioning ex-spouse must prove to the court that there has been a substantial change in circumstances that is continuing in nature in order for a successful modification. These changes in circumstance may include the following:
- Losing a job through no fault of the employee;
- Getting a new job;
- Early retirement;
- Demotion, promotion, or other change in wages;
- Change to other sources of income, including a loss of income;
- Significant healthcare costs; and
- Disability of the paying party.
Furthermore, if the receiving party remarries, he or she may no longer be eligible for alimony. This also applies to an ex-spouse who “cohabitates,” with another person in a romantic relationship, sharing finances, and living under the same roof together.
Common Reasons Child Support or Alimony Modification Requests Get Denied by the Court
In order for a child support or spousal support modification to be successful, there must be a “substantial” change in circumstance. A moderate to small change, such as receiving a one-time bonus may not be enough to modify a support order. Common reasons modification requests fail include the following:
- Short-term income temporary change in weekly wages;
- The child has a minor healthcare issue, such as going to the doctor for the flu;
- An Ex-spouse begins dating someone else, but does not cohabitate with them; and
- New or additional educational or extracurricular expense which was not agreed upon by both parents prior to the expenses being incurred.
Call a Pittsburgh Support Modification Attorney For Help Today
Whether you are the paying or receiving party, and whether you are trying to have the support order modified or kept the same, an attorney can help. In fact, you stand a much better chance at reaching your support order goals by working with an experienced Pittsburgh post-divorce modification attorney. To find out more, call the law offices of Bunde & Roberts today at 412-391-4330 to schedule a consultation.