Child support orders are granted based on your current financial situation. As we all know, circumstances change, and many individuals may desire – or need – to lower the amount of child support they pay. Although this is allowed in some instances, you must first get approval from the court. You should only suddenly begin paying less after first modifying your purchase. The
10 factors to consider while decreasing child support are as follows.
Learn How Your State Determines Child Support
It is critical to grasp your state’s legislation and the formula state courts utilize to calculate child support. Child support calculators are often accessible online and may provide insight into calculating child support. The calculator may help you determine if a decrease is suitable.
Have Your Financial Situation Changed?
Most states require you to demonstrate that you have had a significant change in financial circumstances that merits a decrease. You will need documents to confirm that your case has altered dramatically. Long-term unemployment, disability, having more children to support, and other altered circumstances may qualify.
Have the financial resources of the other parent increased?
If your child’s other parent’s salary or other financial resources have increased, it may lower your share of financial assistance for your children. This is a crucial consideration.
Can you demonstrate that the change is neither temporary nor voluntary?
If you voluntarily quit working while employed, this is unlikely to qualify as a change in circumstances for a support modification. In reality, many courts will use your potential earnings to calculate your support responsibilities. Moreover, if your circumstances change is temporary, the court is unlikely to amend your permanent order. You should show that the changes were uncontrollable and are likely to stay.
Have You Been Giving Additional Assistance?
Many parents who pay child support also contribute to various “extras” in their child’s upbringing. If you regularly pay for additional expenditures above and beyond your child support responsibilities, the court may consider this when assessing whether to cut your child support payments.
Is the other parent opposed to changing child support?
Although the family court hears numerous child support modification cases, this is only sometimes true. In some instances, your child’s other parent may concede that they do not need the level of assistance you have provided. They may notice that you are unable to make the payments as directed.
You may file a joint petition with the court if you contact the other parent and they agree to amend the child support order. The only problem left will be the increased quantity of assistance ordered. This non-contentious case may save you time, money, and worry, so seeing whether the other parent agrees to a revision is always worthwhile. If the parent opposes decreasing child support payments, you must submit your petition for adjustment. After then, the other parent will be allowed to contest it, which may be controversial and expensive.
Can You Get More Custody Rights?
When assessing child support payments, courts will examine a variety of variables, including whether one spouse is the main custodial parent. If the other parent spends the majority of time with your kid, you will likely have to pay more child support than if you had equal or more physical custody time. You may sometimes ask for more physical custody rights. This will be considered when determining whether you are eligible for decreased child support payments.
Are There Any Reasons to Terminate Child Support?
- Some parents may be eligible to have their child support payments wholly canceled. There are a few conditions that may justify the court’s ruling, such as:
- You have no revenue whatsoever. The total loss of income might result from a disability or other conditions that leave you unemployed. The court may cancel or postpone your payments until you receive disability benefits or other financial assistance.
- You have been condemned to jail. Specific state laws allow suspending a child support order while you serve your term, but not all states do.
- Your kid attains the age of majority or is emancipated. The court may cancel the support order if your kid reaches 18 (or 21 in certain areas) or becomes legally emancipated from both parents.
- Your kid has died.
You must never presume your support will be terminated and stop paying without first seeking authorization from the court. This may have significant ramifications, including criminal prosecution in certain areas.
Have You Consulted a Lawyer?
If you have difficulty paying your child support and feel you need a decrease, you should consult a certified attorney in your region. The lawyer can assess your case and tell you if you are eligible for a child support adjustment. If you take action without consulting a lawyer, you may lose a lot of time and money if you don’t fully comprehend the law and the grounds for a reduction.
Are You According to Court Procedures?
When seeking a child support decrease, always adhere to the processes established by your state court. If you don’t, you risk getting into difficulty with the court, which will only lead to more problems in the long term. The best approach to attain the desired outcomes is to complete the correct processes and, where feasible, get a new child support order for a lower amount.