Post Judgment Child Support Changes
A post judgment action is one which occurs after the fact - after the original judgment or order - asking the court to change or enforce a previous order. A judgment of a court can be changed by agreement of the parties which is made an order of the court, or by subsequent court order. In the instance of child support changes, the agreement would be written into a stipulation, and then submitted to a court for approval.
Stipulations - Agreeing To A Stipulated Amount Of Support
Child support can be increased, decreased, ended, or extended through a stipulation. A stipulated change to child support amounts can occur at any time. However, the court must also agree to the amount being stipulated to in the agreement. The court can order the amount stated in the stipulation or reject the proposed stipulation.
Contested Changes To Child Support Order
One party may file a motion to change a child support order. If the other party objects, there will be a hearing on the motion. There must be a substantial change of circumstances to justify changing a child support order. Consult with your family law attorney whether those circumstances exist in your case.
Contempt of Court
If the payor of child support is not complying with the order or judgment concerning child support and related payments for the benefit of the child, it is possible that he or she is in contempt of court. Consult with your family law attorney if you believe that you have a contempt of court situation and what the possible remedies are for you.