Is it Possible to Make My Ex Pay More in Custody Payments?

By Grit Daily Staff Grit Daily Staff has been verified by Muck Rack's editorial team
Published on May 1, 2023

Child custody payments are often subject to modification to ensure that they remain fair and appropriate for both parties. In some cases, it may be necessary to seek a modification to increase the amount of custody payments.

8 Tips You Can Use

If you’re struggling to make ends meet with your current child custody payments, it may be possible to seek a modification to increase the amount. Here are some tips for getting your child custody payment changed to a higher amount:

1. Gather Evidence

The first step in seeking a modification to your child custody payment is to gather evidence that supports the need for a higher amount. This may include documentation of increased expenses related to your child’s care, such as medical bills, school tuition, or extracurricular activities. You may also want to document any changes in your financial circumstances, such as a loss of income or increased living expenses.

2. Work with a Family Law Attorney

It’s important to work with a family law attorney who can help you work through the complex legal process and develop a strong case for a modification. Your attorney can review your financial situation and help you gather the necessary information and evidence needed to support your case. They can also help you prepare for court appearances and represent you in negotiations with your co-parent.

3. File the Appropriate Paperwork

Once you’ve gathered evidence and worked with an attorney, it’s time to file the appropriate paperwork with the court. This typically involves filing a motion to modify child custody payments, along with supporting documentation and financial records. Your attorney can help file the necessary paperwork and ensure that all deadlines are met.

4. Present a Strong Case to the Judge

When you appear in court, it’s important to present a strong case to the judge that supports the need for a modification. This may involve presenting evidence of increased expenses, changes in financial circumstances, or other factors that support the need for a higher child custody payment. You’ll also need to be prepared to answer questions from the judge and your co-parent’s attorney.

5. Understand the Factors Considered by the Court

When determining whether to modify child custody payments, the court considers a variety of factors. These may include the child’s needs, the financial circumstances of both parents and the child’s standard of living. It’s important to understand these factors and how they may impact the court’s decision. 

Your attorney can provide guidance and advice on how to present your case in a way that addresses these factors. And remember that every state has its own unique laws and requirements.

“For example, in the state of Indiana, there are only two ways you can get the courts to modify child custody payments,” attorney Rowdy G. Williams says. “If you’re going to make an attempt at child support modification, you need to be able to prove that your request meets one of those two very specific conditions.”

6. Be Willing to Negotiate

In some cases, it may be possible to negotiate a modification to your child custody payment outside of court. This may involve working with your co-parent to find a mutually agreeable solution, such as increasing the payment amount or adjusting the payment schedule. By being willing to negotiate, you may be able to avoid the time and expense of going to court and reach a resolution that benefits everyone involved.

7. Keep Accurate Records

Throughout the modification process, it’s important to keep accurate records of all communication and agreements with your co-parent. This may include emails, text messages, and other forms of documentation that demonstrate your efforts to reach a fair and appropriate agreement. By keeping accurate records, you can protect your interests and ensure that any agreements made are enforceable in court.

8. Consider Hiring a Mediator

If negotiations with your co-parent are not successful, or if you want to avoid the time and expense of going to court, you may want to consider hiring a mediator to help facilitate discussions and find a resolution. A mediator is a neutral third party who can work with both parties to identify areas of agreement and help develop a mutually acceptable solution. This can be a more collaborative and less adversarial approach to modifying child custody payments and can help both parties avoid the stress and expense of going to court.

Develop Your Plan and Execute

Seeking a modification to your child custody payment can be a difficult process, but with the correct approach, it’s possible to get the amount increased to a fair and appropriate level. Use the aforementioned tips, and don’t forget to enlist professional help.

Lastly, always remember to prioritize your child’s needs throughout the process as you work towards a resolution that benefits everyone involved.

By Grit Daily Staff Grit Daily Staff has been verified by Muck Rack's editorial team

Journalist verified by Muck Rack verified

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