What is a post-divorce modification of child support?
A post-divorce modification of child support is when a court order is changed or modified after a divorce has been finalized. This could occur if there has been a significant change in either parent’s financial circumstances or the needs of the child. In Hawaii, a parent seeking to modify child support must file a Petition for Modification of Child Support with the family court. The court will review the petition and consider a number of factors to determine if a change in the amount of child support is necessary, including any changes in either party’s income, health insurance costs, daycare costs or any other expenses pertaining to the child. The court may also consider any changes in the child’s needs or living costs that have occurred since the divorce. In addition, the court will look at the most recent child support guidelines to ensure the amount of child support is fair for both parties. If the guidelines suggest an increase or decrease in the amount of child support, the court may decide to modify the child support amount accordingly. When the court makes a decision to modify the original child support order, it will also decide on a date and time for the order to take effect. Once the order is in place, it is binding on both parents and must be followed according to Hawaiian divorce laws.
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