Can a Lawyer Help Me Decrease My Child Support Payments?

If you're struggling to make your child support payments, talking with a family law attorney can help you understand your rights and obligations. An attorney who specializes in family law can answer your questions, estimate your child support payment under the current state guidelines, and help you justify a child support modification.

Child Support Basics

The legal purpose of child support is to ensure both parents share the financial responsibility for raising their child, regardless of their relationship status. The funds are meant to cover the child's living expenses, such as food, shelter, clothing, education, and health care. Child support is typically based on state child support guidelines that consider many factors, including both parents' incomes and the amount of time each parent spends with the child. Once a child support amount is ordered, a parent must continue paying it until a judge changes the amount.

If you fail to pay child support, you'll face serious consequences. In addition to potentially being labeled a "deadbeat parent," a judge may order your wages garnished, suspend your driver's license, or even order you to spend time in jail.

How a Child Support Lawyer Can Help

Lawyers who handle child support cases are usually family law lawyers with experience in matters like child custody, visitation, and support. Look for a local divorce or family law lawyer who specializes in cases involving children and has a proven track record of helping clients establish or modify child support orders.

A child support lawyer can help you:

• review your current order
• file a petition for modification
• gather evidence
• negotiate with the other parent to reach an agreement, and
• argue your case in court.

When Can You Ask to Decrease Child Support Payments?

Each state has its own laws outlining when child support can be modified. Details vary, but in general, either parent can ask for a modification when there is a "substantial change in circumstances," such as:

• job loss or income reduction
• significant increase in child-related expenses (such as childcare or medical expenses)
• changes in custody or parenting time arrangements
• changes in family size, or
• disability or health complications.

Judges consider the entire picture when deciding whether to modify child support. You won't get a modification if you quit your job to avoid paying child support. A judge can "impute" or assign income to a parent when it's clear that the parent is choosing to earn less than is reasonable based on the parent's skill set. And if your expenses increased because you moved to a new luxury apartment, a judge won't reduce your child support obligation.

Evidence You'll Need to Modify Child Support

To support your request (often called a "petition" or "motion"), you'll need:

• pay stubs
• expenses
• tax returns
• child care costs
• medical insurance or out-of-pocket expenses
• disability or unemployment benefits, and
• current custody and visitation arrangement.

How Much Does a Child Support Attorney Cost?

Family law attorneys typically charge by the hour. According to Clio, a legal technology company, the average hourly rate for a lawyer practicing family law in 2024 was $314. Your lawyer's rate might be higher or lower than that based on many factors, including the lawyer's experience and geographic location. For example, hiring a lawyer in Manhattan with decades of experience will be far more expensive than hiring a lawyer in rural Wyoming or the suburbs of Texas.

Increasingly, some lawyers are offering flat fee payment options where the attorney will handle your child support modification case for a set amount. Like hourly rates, flat fee rates vary based on location, the lawyer's expertise, and the complexity of the case. A contested or complex modification will cost more.

Do I Have to Hire a Lawyer for a Child Support Modification?

You don't have to hire a lawyer to modify your child support order. You can file your own motion to modify child support. Most states offer free resources to help parents navigate the modification process, including court self-help centers, family law facilitators, and government child support agencies that offer free case reviews and document preparation. Many courts also provide online resources, including court-approved forms, step-by-step instructions, and child support calculators to help estimate new payment amounts.

If you aren't comfortable navigating the legal system on your own or your case is particularly complex or combative, talk to an experienced family law attorney in your area for advice.