Call To Find Your Way Forward 203-583-8256

The Law Offices of James A. Cuddy, LLC

Call To Find Your Way Forward 203-583-8256

Call To Find Your Way Forward 203-583-8256

Direct, Honest And Fair Family Law Solutions

What constitutes a substantial change of circumstance?

On Behalf of | Jan 25, 2021 | Family Law

Pushing through a divorce alone may save you money in the short term, but it may cost you more than that in the long run. If you find yourself facing an unfair order regarding child support, making changes is not easy.

Under Connecticut law, modifying orders relating to child support can only occur if there is a substantial change in circumstance. Understanding what this means may make you rethink signing anything without having a lawyer look it over first.

A substantial change in income

If you experienced a job change that saw your income take a nosedive, you may need to modify your child support order. To go before the court and ask for a reduction in support, you must show that your income has decreased enough to cause at least a 15% reduction in support. It is important to note that if the court determines you purposely took a lesser-earning job to decrease the child support, you will not get a reduction.

A substantial change in parenting time

Instead of getting less money, perhaps you have gotten more time with your children. Parenting time and the number of overnights may have played a part in the calculation of your child support order. Thus, if you now have your children enough time that it would reduce your support order by 15%, you may have to right to petition for a modification.

Ultimately, the court will want to ensure that any change in child support is in the children’s best interests. This is one reason why it is challenging to get a support order modification. However, as long as you meet the guidelines, the court will reconsider.