Can the monthly child support be increased if there is evidence of paying an amount in excess of the court ordered sum?
A history of voluntary payments paid in excess of the court ordered amount is not cause to increase the amount of the existing child support order. Most orders and final decrees will provide for this. The statutes sets out the criteria that the court must or may consider in setting child support but the guidelines amount is presumed to be correct. Voluntary excess payments may also be considered “gifts” if the order or decree so provides.
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