The holidays bring joy, family gatherings, and gifts. However, they also bring more expenses. You browse the toy store aisles, calculate travel costs and plan holiday meals with your child. Your budget stretches thin and you may wonder if Indiana law allows you to request increased child support or spousal maintenance during this costly season.
Fortunately, you are not without options. Navigating these increased holiday expenses can be challenging, but you can explore your legal options to strengthen your financial position during this holiday season.
How to negotiate for more support
Of course, you cannot change either child support or spousal maintenance overnight. Instead, you must work through the legal system. First, you need to file a request with the court to modify your current support orders. In negotiations or after a hearing, the respective financial positions of the parties must be assessed to determine if a substantial and continuing change in circumstances has occurred (or other basis to modify). Then, by agreement or a judge if litigated, child support or spousal maintenance can be adjusted.
The holiday season does create unique financial pressures. You face gift purchases, travel costs and special meals. However, these expenses alone will not convince a judge to increase your support. You need to show that your (or the other party’s) overall financial needs and means have changed. Thus, understanding what justifies a support increase will help strengthen your case.
Common reasons why your spousal support might change
Building on the need for documented financial changes, you should know what reasons Indiana courts find most compelling. Here are several specific factors that can justify a support increase:
- Changes in income: Your ex-partner may have received a year-end bonus, raise or promotion that substantially changes their circumstances to pay for more support.
- Increased expenses: If you have custody of your children, holiday costs can increase quickly and strain your existing budget. But you need to show increases in work-related child care, health insurance premiums, subsequent children, prior children support obligations, or other specific financial obligations have arisen or changed since the last order.
- Changed circumstances: Significant shifts in parenting time or in your financial situation since the original order can warrant a modification.
Keep in mind that court approval (making a modification an “order” of the Court) is absolutely necessary before making these changes enforceable. But once you understand these valid reasons, you can better explore your options with professional legal help.
Seeking professional guidance
Asking the court for a support change can be confusing. That is why you should contact an experienced family law attorney. They can negotiate on your behalf during mediation, arbitration or in Court.
This support proves especially valuable during the holiday season when emotions run high and stress levels increase. Remember, the law protects your right to request fair support. You deserve financial stability during the holidays and throughout the year.