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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-14-2005, 03:14 PM
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Default Change in Support Payments ?

According to my agreement, each June my ex and I are to exchange previous years tax returns and alter the support payment accordingly. He has just taked a new job (effective Nov.1) and will be making substantially more money then previous. If I follow the rules of the agreement, come next June'06, his tax return will not adequately show his new salary...do I really have to wait until June'07 to see any changes in support?
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Old 10-17-2005, 09:02 PM
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No you don’t need to wait. There probably is a provision in your agreement relating to "material change in circumstances" which would allow you to vary your child support without waiting for the annual review. Even if there is no such provision, you could do this, as the law allows child support to be changed if there has been a material change in circumstances.

Child support is based on current income. So, as of Nov 1 your ex would be required to pay child support based on his new salary, and not some average of his old and new salary.

Also, you should at least give notice in writing to him that you would like child support reviewed. If you know that child support should be changed and don’t do anything about it for some time, a judge may decide not to go back in time to change child support, but only do it from when you asked for the change.
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