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PERSONAL INJURY
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EMPLOYMENT RIGHTS
- Sexual Harassment
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- Title IX
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CONSUMER RIGHTS
- Auto sales/financing
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FAMILY LAW
- Divorce/all issues
- Child custody
- Alimony/Child support
- Support increase
- Support decrease
- Support collection

WHEN IS THE RIGHT TIME TO ASK
FOR AN INCREASE/DECREASE IN CHILD SUPPORT?

The easy answer to that question is whenever there has been a change in the income or financial status of either parent or in the needs of the child or children. An action for modification may be brought at any time after a final order establishing child support, but after any modification order the party getting relief in that order must wait two years to bring another action for modification.

As with all easy answers, this may not be the total and best answer, for there may be a variety of factors of a practical nature to consider. The black letter law is set out below. Note that the court may, but is not required to, award expenses of litigation to the prevailing party.

    
  19-6-19.
    
  (a) The judgment of a court providing permanent alimony for the
  support of a spouse rendered on or after July 1, 1977, shall be
  subject to revision upon petition filed by either former spouse
  showing a change in the income and financial status of either former
  spouse. The judgment of a court providing permanent alimony for the
  support of a child or children rendered on or after July 1, 1977,
  shall be subject to revision upon petition filed by either former
  spouse showing a change in the income and financial status of either
  former spouse or in the needs of the child or children. In either
  case a petition shall be filed and returnable under the same rules
  of procedure applicable to divorce proceedings. No petition may be
  filed by either former spouse under this subsection within a period
  of two years from the date of the final order on a previous petition
  by the same former spouse. After hearing both parties and the
  evidence, the jury, or the judge where a jury is not demanded by
  either party, may modify and revise the previous judgment, in
  accordance with the changed income and financial status of either
  former spouse in the case of permanent alimony for the support of a
  former spouse, or in accordance with the changed income and
  financial status of either former spouse or in the needs of the
  child or children in the case of permanent alimony for the support
  of a child or children, if such a change in the income and financial
  status is satisfactorily proved so as to warrant the modification
  and revision. In the hearing upon a petition filed as provided in
  this subsection, testimony may be given and evidence introduced
  relative to the income and financial status of either former spouse.
    
  (b) Subsequent to a final judgment of divorce awarding periodic
  payment of alimony for the support of a spouse, the voluntary
  cohabitation of such former spouse with a third party in a
  meretricious relationship shall also be grounds to modify provisions
  made for periodic payments of permanent alimony for the support of
  the former spouse.  As used in this subsection, the word
  "cohabitation" means dwelling together continuously and openly in a
  meretricious relationship with another person, regardless of the sex
  of the other person.  In the event the petitioner does not prevail
  in the petition for modification on the ground set forth in this
  subsection, the petitioner shall be liable for reasonable attorney's
  fees incurred by the respondent for the defense of the action.
    
  (c) When an action for revision of a judgment for permanent alimony
  under this Code section is pending, the court in its discretion may
  allow, upon motion, the temporary modification of such a judgment,
  pending the final trial on the petition. In considering an
  application for temporary modification under this subsection, the
  court shall consider evidence of any changed circumstances of the
  parties and the reasonable probability of the petitioner obtaining
  revision upon final trial. The order granting temporary modification
  shall be subject to revision by the court at any time before final
  trial.
    
  (d) In proceedings for the modification of alimony for the support
  of a spouse or child pursuant to the provisions of this Code
  section, the court may award attorneys' fees, costs, and expenses of
  litigation to the prevailing party as the interests of justice may
  require.

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