If you are paying child support through a child support order issued by a court, you must petition the court for a decrease or modification of your child support order. Each state has a specific procedure for apply for a modification for child support and some self-help is available.
General Procedures
In general, there are basic procedures that are necessary in every state for modification of support
- A petition will have to be filed in the proper jurisdiction
- Modification for support is not granted on a whim, appropriate reasons for modification
- Loss of employment through no fault of your own
- Decrease in pay, through no fault of your own
- Temporary inability to work
- Change in custody of children
- Shared or joint custody in which the child spends equal time with both parents
- Permanent disability of one parent
- The court will hold a hearing at which both sides will be able to present evidence for and against the modification.
- The court will make a decision based on support guidelines of the state, the change in circumstances and what is in the best interest of the child
Considerations
The court prefers stability for the child as the child did not ask to be put in a situation where both parents do not reside in the same household.
- Taking a lower paying job just to reduce child support is not looked at kindly by a court. In most instances, the court will consider what the petitioner was able to earn before the change in employment and continue support at the higher level.
-
State support guidelines change as courts attempt to maintain the child’s standard of living. If you have not had your support recalculated in several years, your support obligation could increase even when you have requested a decrease in support.
Do you need a lawyer?
Each jurisdiction has different procedures and case law that may affect the ability to get a decrease in child support. You should consult with an attorney, who is experienced in family law matters, especially child support in your area to protect your rights and guide you through the process of petitioning the court for a modification of your child support order.
