Modification of Support

     

The high rate of incidence of separation of parents as well as out-of-wedlock births have caused too much distress and suffering for a child in the world. With it comes the complicated area of "Child Support".

Child support is meant for providing money to the child by court order when child is not in the parent's custody in order to provide the child his subsistence level of assistance. The amount of money to be paid by the parents is determined by parent’s income and other resources of assets. In this connection it is also pertinent to mention that the sometimes parents have to pay child support after obtaining the support order issued from law enforcing authority or by some administrative order.

There are two types of Child Support arrangement: Custodial Child Support and Non-custodial Child Support. Non-Custodial support may be given by some individual family and any other organization registered by the authority of the law. Parents are required to pay money to non-custodial parties, the amount of which is determined by the appropriate judicial authority.

Various public and private agencies have come forward to assist child support by their various programs like locating non-custodial parents.

Most of the developed countries have framed certain guidelines regarding the child support by the parents. Parents should ensure better child care including health, education and other requirements for their child's subsistence and better living standard as the child enjoyed the same benefits and care while the child is in his parent’s custody.

The amount for child custody is calculated using a number of variables. Amount of child support pay depends from their income by deducting taxes, uninsured medical bills or the support from other relationships. Sometimes child support pay may directly go to the recipient of the child (here the non-custodial parents/organizations) from the employers of the child’s' parents where parents fail to pay regular payment to support child. The law enforcing authority may direct the parents to deposit up to one year's support payment to a fund on interest bearing fund account for disbursement to support child if payment becomes overdue for a substantial period of time by the parents. This method of such type of payment support to child is adopted when obligor spouse is self employed or frequently changing jobs.

Amount of payment of child support is also determined by the actual expenditure incurred if the child would have been in the custody of intact family. Work/education related expenditure and medical insurance cover are also the determining factor of fixing the amount of payment for child support.

Modification of this child support order can be done by applying to the appropriate law enforcing authority. The law enforcing authority may at their discretion and the circumstances to which the parents seek modification of the child support order issued by them amend the said order at any time considering the best interest of the child and the unease circumstances the parents are experiencing.

Modification of child support order may be classified as permanent modification support order and temporary modification support order. Permanent modification support order may include in the circumstances of remarriages of either of the parents or there is an increase in pay of parents.

Since, the modification of child support can be done when the obligor and obligee reach an agreement to modify the support order and obtain a fresh modified support order from the appropriate authority, no child support order is restraining and etched in stone. Depending upon the circumstances, either of the parents may approach the appropriate authority for modifications as per their changing needs.

In general, the authority may not issue modified support order unless the parents can show changed circumstances with supporting evidence which may warrant the modification of existing child support order. 

By no means without the consent and fresh order issued from the competent authority, the obligor can stop payment to child support. Support order may remain operative till the support is required.

Since child support is designed to make the child’s life better, support cannot be stopped during its tenure. The law does not treat child support as a mandatory law, but as an obligation of parents towards giving their children better living and education despite the situation of their careers or social relationships. The only mandatory issue about child support is that it cannot be stopped. It can be modified as per required needs and changes in life.

Child support and its components are mandatory to fulfill and any changes can be effected through a court order only.