Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
If the final divorce decree states that wife is to get $1000 child support, is that the end of it, or could one revisit the issue and ask for an increase? There is a joint agreement in place, however during the school year, the children are with their mother 6 to 8 days more than their father per month, on average. There hasn’t been any increase in 5 years and the children have grown and have more material needs. What would be the chances of the 28% amount of husband’s income for two children being ordered?
A child support order can be modified under specific circumstances. For example, if there is a significant change in circumstances, such as a parent getting an increase or decrease in income, then child support may be modified. In nearly all, if not all states, the matter of child support can be revisited at anytime so long as there is a legitimate change in circumstances.
Because the requirements for modifying child support is different in each state, you should consult with a family law attorney in your state on this matter. Most family law attorneys will offer a free or reduced rate initial consultation.
