Can child support be modified if the business isn’t doing well?

Yes, child support is modifiable.

If child support is included in a court order, you will need to show a substantial change in circumstances since the previous order. So, if for whatever reason the business experiences a downturn, you can file a motion to modify your child support obligation based on a substantial change in circumstances.

If child support was agreed to in a separation agreement, it is still modifiable but in a different way. A parent will still file to modify the child support obligation, however a court will presume that the amount the parties originally agreed to was proper, just, and reasonable.  You will have the burden of overcoming this presumption.  You will also need to show what amount of child support is required.  Since the court was not involved in setting the original amount, you only need show what amount is required to meet the reasonable needs of the child. You are not required to show a substantial change of circumstances as you would if you were seeking to modify a court order.


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