Franklin Law PLLC

Franklin Law PLLCCHILD SUPPORT/SPOUSAL SUPPORT/MODIFICATION OF SUPPORT

Child support is calculated through a formula that is based on several main factors, including the incomes of the parties, health care and day care expenses, and the number of overnight visitations.  There are a number of criteria the Court looks at in order to properly ascertain a party’s income.  These include wages, commissions, profit-sharing plans, pensions, Social Security, unemployment benefits, and retained earnings.  The amount of child support is always modifiable when a change of circumstances exists, such as if you lose your job, or your ex-spouse obtains a better job. Whether you are in the position of paying support or being paid support, Franklin Law has the expertise to win the best possible financial outcome for you. We can also determine if there are any circumstances under which it would be in your best interest to file a petition for modification of support.

 DID YOU KNOW?
If a parent is found to have an unexercised ability to earn, the Court may impute income based on factors other than the individual’s actual current income, such as prior employment, education, skills, ability to earn, availability of employment, and other relevant factors.

 

CRUCIAL MISTAKE TO AVOID
Not filing a petition for modification of child support immediately after a change of financial circumstances occurs.
 
A modification of child support becomes retroactive only to the date that the petition for modification was filed – but no further.  By law it cannot go retroactive to the date of the circumstances which gave rise to the modification (i.e. your spouse getting a better job)  That is why, in order to obtain the most favorable financial outcome, it is extremely important to file for modification of child support as soon as you become aware of the change.

SPOUSAL SUPPORT/ALIMONY

Spousal support is determined differently than child support. There is no rigid formula that the Court is bound to when determining the length or amount of spousal support to award.  However, like child support, spousal support may be modifiable, depending on the language contained in your judgment of divorce.  Franklin Law can advise you as to whether spousal support or alimony is modifiable in your particular situation.
 

 

 

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