Child support is not alimony. The purpose of alimony is to rehabilitate or support a former spouse. Though the other parent may financially benefit from child support payments, the purpose of the payments is to benefit the children who no longer live with you. Once set, child support payments can only be amended by court order.
The parents’ income. Some states consider only the non-custodial parent’s income, while other courts consider both. Also, some states use “gross” income while others consider only “net” income (income after taxes and allowable deductions, such as taxes and/or union dues). Child support or alimony that either parent receives or is paying from a previous marriage. Which parent is paying for childcare and health care. Whether either parent is responsible for children other than the children from the current marriage. The number of children each parent is supporting and their age. This factor is important because the expenses of raising children do not double for each child you add. Whether either parent lives with a new partner or spouse who contributes to household expenses. If the child is disabled. If your child is disabled, support payments could continue indefinitely if the child is not capable of self-care.
To find an experienced family law attorney, you can visit your state’s bar association website. States often run referral services, which you can call or email.
recent pay stubs or other evidence of self-employed income. evidence that your familial obligations have changed, e. g. , the birth of another child. medical records, if you have become disabled.
Most courts have pre-printed “fill in the blank” motion forms. You can check with the court clerk to see if they have a form. Also ask if you need any additional forms, such as a Financial Affidavit. You can find relevant forms by visiting this website. If your court does not have a pre-printed form, then use a form as a guide as you draft your own motion. Use the caption information from an earlier motion (from the initial child support case). In the body of the motion, list the reasons why you want the court to reduce your child support. Sign the motion. You will have to provide the other parent with notice. The easiest option is to have the sheriff personally serve the papers on the other parent for a small fee. Ask the court clerk about acceptable service.
The “extras” must be substantial. Simply buying clothes or presents for your child will not qualify as substantial.
Any change in the custodial parent’s financial condition should also be mentioned. If the custodial parent’s income has increased dramatically, then you could ask for a reduction in your payments. As a general rule, changes that would alter the child support order by 10-25% (depending on your state) qualify as sufficiently substantial to warrant filing a petition. [10] X Research source Nolo’s Essential Guide to Child Custody & Support, Emily Doskow (Chapter 9) Some states allow you to petition for a change without alleging a substantial change if at least 3 years have passed since the prior child support order.
Get the form. Often, courts will have special forms for joint requests. The form may also be called an “Uncontested Motion” or a “Stipulation to Modify a Prior Court Order. ”[11] X Research source Both parents must sign. You also should fill out and complete a Child Support Worksheet. Every state has a worksheet. You can find your state’s by searching on the web. You should have already filled out the worksheet when determining your initial child custody payments.
You have no income. Most states will grant a non-custodial parent’s petition to temporarily suspend child support if the parent has lost his or her job or has become disabled and is in the process of applying for disability benefits. You are being incarcerated. [12] X Research source Some states will allow temporary suspension for incarceration; however, other states will not. The child reaches age of majority. In most states, a parent can stop paying when a child reaches the age of majority (18 in most states). However, in some states a parent is obligated to pay until the child reaches 21. The child dies.
File a Petition to Modify Custody with the court. [13] X Research source In the petition, you must allege a change of circumstances such that a change in custody is warranted. The change must be sufficiently serious—something that endangers the child’s physical or emotional well-being. [14] X Research source Convince a judge that custody should be modified. At a hearing, you will need to present evidence and witnesses who can back up your theory of why a change of custody is warranted. Evidence includes medical reports and police reports. [15] X Research source Hire an attorney to assist you. Custody determinations are complicated, and you will need the expert assistance of an experienced family law attorney to guide you. For more information, read wikiHow’s guide on How to File for Full Custody.
If the other parent will not agree, propose temporarily suspending child support payments until you can get back on your feet.
