What are the protocols for raising child support?
My ex-wife threatens to go to court to raise my child support every time she doesn’t get her way or she is mad at me.
Is there a standard for modifying child support?
Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce and child support laws question.
Unless otherwise agreed or approved by law, child support orders are always modifiable. The state has an ongoing interest in making sure parents provide for their children.
In my jurisdiction, to modify a current support order, the moving party must demonstrate a “substantial change in circumstances.” A substantial change may result from a significant shift in income or expenses between the parties.
For example, a payor parent may petition for modification after he or she loses a job. Conversely, a payee parent may petition for modification if the payor parent experiences a major increase in revenue.
If your state employs a similar standard, the court will look at the financial circumstances of the parties before modifying support.
The modification of child support is not contingent on other family court orders. For example, a party may not petition the court to modify support because the other party is withholding parenting time or engaging in other forms of contempt.
Not “getting her way” or being upset with you about unrelated matters are not proper grounds for modifying child support. You should not be intimidated by those threats.
If there has not been a substantial change in circumstances since the first support order, your ex-wife’s threats to increase support may be groundless.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.