Child support can be reduced if there is a significant change in financial circumstances or if a child becomes self-sufficient. A government agency can handle the case and both parents must complete a new financial affidavit. If both parents agree, the agency will reduce the financial obligation, but if not, a court date may be set. A reduction can be temporary or permanent, and if a reduction is not warranted, a motion can be filed in court. It’s important to act quickly, as retroactive reductions are usually not allowed. Non-payment of child support can result in serious consequences.
A reduction in child support is usually requested and granted when there is a significant change in financial circumstances or when one of the children reaches the age to support themselves. If your jurisdiction has designated a governmental division to handle your child support case, you should contact them to review your request. Both parents are usually required to complete a new financial affidavit for consideration. If it can be determined that a change is warranted, and if both parents agree to the reduction in child support, the agency will often reduce the financial obligation and submit the paperwork to a family law judge on your behalf. If, however, the other parent disagrees with the change, a court date may be set and a judge will decide whether or not to allow the change.
Court-ordered child support obligations are usually determined by a jurisdiction’s guidelines based on both parents’ disposable income. The financial needs of the child are also taken into consideration. In the event of a material change in circumstances, such as the loss of a job or a parent’s disability, there may be times when the court will temporarily or permanently allow a reduction in child support.
If your case isn’t overseen by a local government agency, or if it determines that a reduction isn’t warranted and you disagree, you can file a motion in court. While it’s helpful to file with the assistance of an attorney, it’s not always necessary. A pro se motion, meaning you can represent yourself without counsel, is common because this method is much more convenient. In many places, there are no court fees for filings of this type. The cost is usually minimal in other areas.
It is important to send your request with little delay. The court usually does not allow a retroactive reduction in child support beyond the initial filing date. Parents who stop making timely child support payments, without going through the proper legal channels, will usually find that they are building up arrears owed to the other parent that need to be paid. Serious consequences can ensue for non-payment of child support, such as revocation of driving privileges, withholding of income tax refunds, wage garnishments, and even jail time.
It is not always easy to get a judge to give a reduction in child support. In cases where there are multiple children and one becomes emancipated, reaches the legal age of independence or becomes self-sufficient, it is more likely to be granted. Sometimes, the parent receiving financial support starts earning a higher income than the other parent who is obligated to pay, and a reduction in child support may also be considered in these cases.
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