The court will always favor stability in the life of a child, which is why it generally takes a major change in the lives of either parent for a modification to be granted. Of course, that does not mean it is impossible; it just means you have to go to the judge with a valid reason. You should also hire an attorney who has extensive experience in handling this type of case.
Here are some reasons a judge will consider when deciding to grant your request for reduced child support payments:
- Your income substantially decreased: If you involuntarily lost your job because you were fired or laid off and can no longer continue to pay child support, a judge would likely grant your request, though it might be temporary until you are able to find another job. If you are still employed, but were demoted and had to take a pay cut, you could also have your child support payments reduced. However, keep in mind that if you purposely reduced your income in order to reduce your child support payments, this will not look good in court and you will suffer some consequences.
- You started a new family and have additional responsibilities: If you remarried and had more children with your new spouse, your responsibilities will have certainly increased. Since it would be impossible to support your current household and continue to make the same child support payments, a judge would likely understand the difficulties of this situation and grant a reduction of your child support payments accordingly.
In some cases, spouses are able to agree on a modification of child support. However, it is still imperative that you go through the proper legal channels and ensure that a judge signs off on these changes. Otherwise, if your former spouse later changes his or her mind, you will still be responsible for the amount you did not pay. No matter how amicable your relationship is with your co-parent, you need to cover your bases to avoid running into any issues later on.
It is also crucial that you simply do not stop making your payments if you can no longer afford them. You must make a formal request for a judge to modify your payments. Therefore, if you know you will not be able to continue making your payments, reach out to an attorney to handle your case as soon as possible.
Schedule a Consultation with an Attorney Today!
If you recently lost your job or otherwise received a decrease in your income and can no longer make your child support payments, you should not waste any time requesting a modification. At Alternative Divorce Solutions, we have more than 10 years of legal experience and will use it to your advantage to ensure you obtain the best possible results for your situation. You can count on our team to guide you through every step of the process and answer all of your questions.
Contact our law office today at (949) 558-2624 to request a free one-hour case review with a member of our team.