Modifications of Child Support
MODIFICATION OF CHILD SUPPORT
Times are changing, and as we all know we are fortunate if we are able to maintain our current employment and pay rates. Unfortunately, many of us have lost jobs, or we have been forced to take pay cuts in efforts to maintain employment. Many parents who pay Child Support can't afford the current amount they are ordered to pay. The Sauls Law Firm wants you to understand you are not the only person facing this situation.
There is an answer to this problem! Courts do afford you the ability to decrease your monthly child support payments. The courts consider the following in determining whether a reduction is necessary:
- A substantial decrease in income or financial status of the payer spouse
- A change in the financial needs of the child
- Change in child custody
Please understand, it takes an order from the court to get the results you desire to lessen your monthly child support. A simple agreement between the parents of the child/children will not work. I have clients who have sought my help after such agreements were entered into by the parents without a court order. Most of these clients are facing Contempt action for being behind on child support payments, and they now face a chance of getting jail time for contempt.
Below are a few other things you need to know about Child Support Modifications.
1. With today's economic woes, I have had clients seek a modification due to a loss of a job. Well, here is the information you need to know.
a. If you have suffered an involuntary income loss of 25% or more, the portion of the child support attributable to the lost income will not accrue from the date of service of the petition for modification.
2. I have a court order, but child support was awarded longer than two years ago. I have a need for a decrease in child support.
a. Modification in support may be sought and if there is reliable evidence of income or other information for determining current ability to pay or reliable evidence of income potential is produced, the court may decrease the child support obligation.
There are many more questions that a parent may have regarding modifications of child support. The Sauls Law Firm is here to help, and all you have to do is pick up the phone and give us a call. Please don?t wait until it is too late and you face the wrong side of a judge's gavel.