How to Get Child Support Lowered
If you are a noncustodial parent, you likely are paying a child support to your former spouse. You may reach a juncture in time at which you to desire to lower your current child support obligation. There are several points to bear in mind when it comes to altering an outstanding child support order, including:
- Need to demonstrate a bona fide reason to lower your child support obligation
- Prepare a submit an appropriate motion to amend child support order to the court
- Obtain agreement of the other parent to lower child support (if possible)
- Attend and participate in hearing to address child support issue
Before you move forward to attempt to lower your child support obligation, you must demonstrate a bona fide reason for seeking this type of relief. Courts are not eager to lower a noncustodial parent's child support obligation absent a showing that there exists a truly credible reason for doing so.
Losing your job may not be enough of a reason to warrant a reduction in your existing child support obligation. Provided you are able-bodied and able to work some type of job, if you lose your exiting employment a court is apt to require you to find some type of work promptly, even if you are currently looking for a suitable position in your field.
If you've somehow become disabled and demonstrably are unable to work, that is different situation. A court is likely to grant you relief from the existing level of child support you currently pay during the term of the disability or impairment.Prepare and File a Motion to Amend Child Support Order with the Court
The first formal step that needs to be taken if you desire to lower an existing child support order is to prepare and file a motion to amend an existing child support order. A parent is wise to seek legal representation when seeking to reduce a child support obligation or to seek any type of judicial relief relating to child custody, parenting time, or other child support issues.Obtain Agreement of Other Parent (if Possible)
As mentioned previously, there are cases in which both parents believe lowering a child support obligation makes sense and is in the best interests of a child. Even if you have made the decision to seek a child support reduction without prior agreement of the other parent, in many cases it is wise to reach out and see if the custodial parent will agree to such a change. Realistically, odds are not particularly strong that the custodial u parent will quickly agree to a reduction in the amount paid for child support.Prepare for and Attend Hearing on Child Support
Finally, you need to prepare for and attend a hearing scheduled by the court on the issue of reducing child support. In some instances, a court may be willing to rule on a request to lower child support without a hearing, particularly if both parties agree.
If a court schedules a hearing, you need to be prepared to prevent evidence supporting why you want to lower child support. You need to provide evidence that lower child support does not work against the best interests of your child.
An attempt to lower a child support obligation is a truly challenging legal endeavor. You are well served consulting with an experienced attorney before embarking on an effort to lower your child support obligation. If you have questions on how to get child support lowered, call the Law Offices of Peter Van Aulen at 201-845-7400 for a free initial consultation.