Child Support Modification in Hawaii – Oahu
Honolulu HI Divorce Lawyers – Family Law Attorneys
Any time you are going through a divorce proceeding you are going to be looking forward to the day when it becomes final, not because it is necessarily a celebratory event, but simply because you can put the matter behind you and move on with the next chapter of your life. It is important to recognize, however, that the terms of the divorce as it was originally decreed are not set in stone. If circumstances change over time, and they usually do, modifications of the original terms may be in order. This is one of the reasons why it is a good idea to retain the services of a good Honolulu family lawyer when you enter into the divorce process, even if it is not contested. You want to make sure that your ability to revisit the case is assured and that you are not signing away any rights that you may want to assert at some point in the future.
Child custody and visitation arrangements can be modified when there is a material change of circumstances, and this can be due to behavior by the custodial parent that is deemed detrimental to the well being of the children. But child custody can also be modified by mutual agreement, and this can be due to things like a forced relocation due to military service or a disciplinary problem that may be better addressed if a modification of primary custodianship was to take place. Child custody modifications are possible, but they are the exception rather than the rule. Child support modification is much more common because the causes for modification are purely financial, and ever-changing financial circumstances are an inevitable fact of life for most people.
The way that one would request a modification of a child support payment amount would be through the Hawaii Child Support Enforcement Agency. A child support modification request can be filed every three years without providing proof of a significant change in financial circumstances. But if there is a change in circumstances, a modification request can be filed at any time regardless of when any previous request may have been filed. The CSEA will provide each parent with the proposed order to modify, and either parent can request a hearing to contest this proposed modification if they choose to do so.
If you have any questions about child support modification, contact an experienced Honolulu HI family attorney to arrange for a free consultation.