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Child support modification due to income loss possible?
I am divorced and my ex-spouse has primary custody of our two children. Our current parenting plan allows me to have my children every other weekend, which simply isn’t enough. He/she has recently been laid off and lost his/her primary source of income, and I believe the care of our children may suffer due to this difficult financial situation. Is this grounds for pursuing a child custody modification?
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Answers (1)
There are two types of child custody modifications, major and minor. Major modifications, for example, include legal change of custody, while minor modifications include changing holiday visitation agreements. Major modifications are more difficult to attain, and requires strong evidence for why the current arrangement is no longer suitable (i.e. both parents agree to modification, the child is physically, emotionally or mentally unsafe under current circumstances, etc.).
In the above situation, where one parent has suffered income loss due to layoff, it is more likely that one would try to pursue a minor child custody modification. In this case, it is only necessary to demonstrate that there has been a substantial change in the parent or child’s life, and the modification would be in the best interest of the child. This may be the case when one parent suffers a layoff.
If you are interested in pursuing this course of action, please meet with a child custody modification attorney to discuss your plan of action.
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Posted by Jason Tong on 03 Mar 2010