A change in circumstance can work a hardship on either partner in a divorce -- the custodial and the noncustodial parent.

After a divorce, courts frequently entertain motions for a change in the amount of support paid by the noncustodial parent. Sometimes the custodial parent, who is usually the mother, contends that the amount of child support awarded at the time of the divorce is no longer adequate and that she now suffers a hardship; sometimes the noncustodial parent, who is usually the father, argues that an increase in his support works a hardship.

In divorce and family law, the term hardship is sometimes applied in connection with a continuing -- and extraordinary -- expense that exceeds everyday expenses and must be apportioned in some fairer way. For example, the cost of medical insurance, borne solely by the custodial parent, would be said to "work a hardship" if she or he is asked to pay it alone.

Courts have latitude in dealing with claims of hardship because the term is qualitative, although the dollar amounts are quantitative.

See also Change in Circumstance.

Your Suggestion

1. Cost of Living Adjustments
   Sometimes the parents include a cost of living escalator in parenting agreements. This affords the custodial parent with some protection from the increases in living costs.
   Contributed on 7/5/2007 by: DivorceDex.com Staff

   Category: Child Support   (Applicable in All States)

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