How to Lower Your Child Support Payments

Non-custodial parents obligated to pay child support may encounter circumstances that make it difficult to make payments. Although the laws regarding support differ widely between states, most allow the non-custodial parent to lower child support payments in certain situations. Some examples of situations are if you become unemployed, your income is significantly lowered, your former spouse’s income rises, or you have increased expenses because of an illness or forced relocation.

1. Gather all supporting court documents related to the case. This includes the original court order requiring you make payments, as well as any modified orders. Also, locate copies of receipts for child support payments you made in the past.


2. Obtain all relevant financial documents to create a clear and accurate picture of your financial situation. If your income has dropped, or you’ve become unemployed, find documents such as pay stubs or unemployment insurance statements that indicate this. If you don’t have statements that show your decrease in pay, see if your boss can write can a letter that explains the situation. You also need to collect bank statements, lists of other debts you owe, such as a mortgage payment, car payment, or student loans. It’s also important to save receipts for other expenses you paid outside child support, such as school tuition, miscellaneous educational expenses, medical, dental or insurance costs. The purpose is to demonstrate to the courts why you can no longer afford to make payments at the currently enforced level, and that you’re still invested in your children.


3. File a petition with the court requesting to modify your child support payments. In most states, you’ll need to fill out a motion to modify support, as well as a worksheet that indicates your financial situation. You can use the documents you gathered to fill this out. This information will also be sent to your ex, and you’ll be notified by the court about the date and time of your hearing.


4. Attend the hearing and present your evidence. You may also have to file a motion of discovery, which gives the court access to your ex’s financial information. This may include income statements, asset statements, bank account statements, and other documents that create a complete picture of his or her financial situation, which could affect the court’s decision.


5. Keep attending all hearings related to the matter, until the judge makes a decision. If you fail to attend a court date and don’t provide notice, the judge could automatically decide the case in your ex’s favor.