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Industry: Human Resources

Maintenance and Child Support Modifications Increasing

Posted By Bradley Hofland | 01:56pm |

It's not too surprising to find out that with the economy the way it
is these days, there has been a sharp increase in requests for changes
to support and alimony agreements.

The recession has hit Americans right where they live, and times are
incredibly tough for many struggling to keep food on the table. Throw a
divorce and maintenance and child support into this mix, and you have a
recipe for disaster. Divorced spouses who have lost their jobs, or even
taken a cut in pay to keep a job, are wondering how on earth they are
going to keep up their maintenance/child support payments.

The one way to accomplish this is to request the courts make
modifications in previous child support/maintenance agreements.
Evidently, according to a fairly recent survey conducted by the
American Academy of Matrimonial Lawyers, roughly 39 percent of
America's top ranked divorce attorneys are reporting a significant hike
in the number of modifications being made to child support payments. On
the other hand, close to 42 percent across America and in Las Vegas
family law offices have seen an increase in changes made to alimony
payments.

Times are tough all around and the signs of the times are often seen
in Las Vegas family law offices as they assist clients in dealing with
the fall out of a change in financial circumstances. In most instances,
that directly affects their client's ability to fulfill their
contractual obligations as first negotiated. There certainly aren't
many other alternatives for a person paying child support/alimony to
adjust their payments if they've lost their job or become too ill to
work.

Keep in mind how the child support was figured out in the first
place – usually by the courts after they look at several factors on
both sides of the fence. Those factors included what each parent made
yearly and could encompass things like social security, pensions,
benefits, workers' compensation, lottery winnings, tips, investment
income and UI.

Digging a little deeper, the court would also ascertain if there was
child support being paid or received to maintain children from another
relationship, what was being paid out in terms of extra education
expenses and childcare expenditures. Health insurance costs are
factored in as well. Generally speaking, this is the process to figure
out child support and your Las Vegas family law office will help you in
calculating these expenses.

In order to get any changes made to the child support payments, you
have to go back to court and specifically ask for a modification. The
way that works is if both parents agree, (if they don't – ask your Las
Vegas family law office lawyer what to do next) they hand in something
called a "stipulation" to the court.

The court's role is to approve the stipulation and issue an order
modifying the original child support order. Be aware that the "only"
modification that will be enforced is the modification the court
issues. Nevada will not enforce child support payment agreements
cobbled together by the parents. By the way, it is also possible to get
a temporary modification for a minor change in circumstances. Speak to
your Las Vegas family law office lawyer and find out how this process
works.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland,
Beasley & Galliher. The law firm focuses on Las Vegas family law,
custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.