What is a post-divorce modification of child support?
A post-divorce modification of child support is a legal change to a court-ordered child support order after a divorce has been finalized. In Maryland, the court may modify child support at any time upon the request of either party if there has been a “substantial change in circumstances.” A substantial change in circumstances can be based on a difference in income for either party, an increase or decrease in the amount of child care expenses, an increase or decrease in the number of children for which the parent is responsible, or a change in the children’s needs such as medical expenses. When a party requests a post-divorce modification of child support, they must submit a Petition for Modification to the court to which they are required to provide evidence and facts supporting a change in child support. The court will review the evidence and determine if there is a sufficient change in circumstances to warrant a modification of the child support order. If the court determines that a modification is warranted, it will issue an Order granting the petition and setting forth the new child support obligations. The Order will usually be effective from the date the Petition is filed with the court. The court will also provide a copy of the Order to both parties. It is important to note that any modifications to the child support order should be done in accordance with Maryland law to ensure that the modification is legally binding. It is also important that parties seek legal counsel when requesting post-divorce modifications as there are many factors that can impact a court’s decision.
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