Child support is usually granted to the “custodial” parent, or the parent who has legal custody of the child, and is paid by the “non-custodial parent,” or parent with whom the child does not primarily reside.
• Parent ordered to pay support is not making payments according to schedule and/or amount ordered
• Support payment is too low, due to promotion or other improvement of economic status of the paying parent
Non-custodial parent may go to court because:
• Support payment is now too high, due to loss of job or economic status
• Support is going to parent with whom child no longer primarily resides
If the parent ordered to pay child support fails to do so according to the requirements outlined in the divorce decree, the parent to whom payments are owed has the right to request enforcement of the divorce decree. Enforcement measures can be used to collect past-due and regularly-scheduled support payments.
The amount of support ordered at the time of divorce becomes an issue because the paying parent is no longer earning the kind of money they did when the divorce decree was initially finalized. A parent who finds that they can no longer afford the same amount of child support can request a reduction in the amount they must pay.
Either the custodial or non-custodial parent can formally request a modification, or change to the child support requirements established in the divorce decree, via a formal motion.