When a couple decides to end their marriage or long-term relationship, child support is often a topic that must be addressed. The child support agreement is designed to ensure that the children of the relationship are provided for financially, and it is important for both parties to adhere to the terms of the agreement.
However, there are times when circumstances change and it may be necessary to set aside the child support agreement. Here are some situations where this may occur:
1. Change in income: If either party experiences a significant change in income, it may be necessary to revisit the child support agreement. For example, if the non-custodial parent loses their job or experiences a reduction in income, they may no longer be able to afford the current child support payments.
2. Change in custody arrangements: If there is a change in the custody arrangements of the children, it may be necessary to modify the child support agreement. For example, if the custodial parent is no longer able to care for the children and they move in with the non-custodial parent, the child support payments may need to change.
3. Change in the needs of the children: As children grow and their needs change, it may be necessary to adjust the child support agreement. For example, if a child develops a medical condition that requires additional expenses, the child support payments may need to be increased to cover these new costs.
If any of these situations occur, it is important to consult with a family law attorney to determine the best course of action. It is also important to document any changes in income or custody arrangements to support any modifications to the child support agreement.
In some cases, it may be necessary to go to court to set aside the child support agreement. This can be a complicated and time-consuming process, but it is important to ensure that the children are provided for financially and that both parties are treated fairly.
In summary, while it is important to adhere to the terms of the original child support agreement, there are situations where it may be necessary to set aside the agreement. Changes in income, custody arrangements, and the needs of the children are all factors that may require modifications to the child support agreement. It is important to consult with a family law attorney to determine the best course of action and to document any changes to support any modifications.