How can I get my child support reduced? 30 Answers as of June 15, 2011

I pay $800 a month in child support and now I have a new family to take care of too. I don't make enough to do all this. What can I do to get my child support reduced so I can live too?

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Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
You have the right to petition the Family Court or Supreme Court with jurisdiction over your county to get a reduction in child support. You will need to show that the current amount is too much for you to live on. Be prepared to present all relevant evidence including pay stubs, investment income, expenses, credit card bills, utility bills and similar information.
Answer Applies to: New York
Replied: 6/15/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
Child support can be reduced, under Minnesota law, by filing a motion to modify child support. There are certain requirements for filing this type of motion, so you will need to consult an attorney to make sure you qualify for this motion. The process of filing a motion involves filing the required documents. You can do this with online forms if you cannot hire an attorney, but your likelihood of success will be greater with legal representation.
Answer Applies to: Minnesota
Replied: 6/13/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
If it is collected by the State of Oregon contact them and ask for a modification based on a change of circumstances. If it is not collected by the State you will have to file for a modification through the Circuit Court in the county where the order was entered. Good luck.
Answer Applies to: Oregon
Replied: 6/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File an Order to Show Cause to modify Child Support requesting a Family Code Section 4071(a)(2) hardship deduction, and in your factual supporting declaration, address the minor children of your new family that you have to support (your new wife doesn't qualify for reducing your support), in an effort for the court to reduce the amount of support you have to pay for your supported child. You would best be represented in your OSC by an experienced Family Law Attorney, inasmuch as it is discretionary as to whether or not the Court will grant you a hardship deduction for the children of your new family.
Answer Applies to: California
Replied: 6/13/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should first contact the Division of Child Support that handles your case to see if they can do the modification for you administratively. If that fails, you should seek modification in Court.
Answer Applies to: Washington
Replied: 6/13/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You would need to file paperwork with the court requesting a modification in support. However you should be cautioned that if you are earning more money than the original orders, you may be required to pay more support, regardless if you have a new family to take care of.
    Answer Applies to: California
    Replied: 6/13/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    File a motion to modify support.
    Answer Applies to: Texas
    Replied: 6/13/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Generally, expenses related to a new family are not considered when calculating your child support obligation. If you are actually earning less, you may still qualify for a reduction.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You need to petition the court for a modification of child support to reduce your child support payments.
    Answer Applies to: Illinois
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In Minnesota, child support is based on child support guidelines that take into consideration each parent's income and each parent's scheduled parenting time. The question as to whether a reduction is likely depends on how the guideline calculations work out given the known factual criteria. You should have your obligation reviewed by legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    You must file a Petition to Modify Child Support and there must be at least a 15% change in the child support calculated. I would suggest that you use child support calculator offered through the Maricopa County Superior Court to determine what the new amount of child support will be.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to file a motion to modify support based on your current circumstances.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You may or may not be able to get the child support changed depending on the exact circumstances of your situation. If you meet the criteria for a change in child support, then, the first step would be to file a petition to modify child support, along with appropriate supporting documents. This will result in there being, eventually, either a trial or arbitration (the exact process varies from county to county). If the court is convinced that the support should be changed, then, the court will enter an order modifying it.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    In Washington, the court is likely to see the new family as a voluntary choice that does not change your obligation to the children you already had. However, you can file for a child support adjustment and argue for a deviation based on the duty to support the new children.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    You probably cannot. You are obligated to pay for the first child that you had, and you cannot reduce your obligation to support the first child by taking on new responsibilities.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that you consult with a divorce lawyer in your community about the option of seeking a modification of your decree (and child support order). Good luck!
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Because child support is based on income, unless there has been a substantial change in income or the parenting plan, you won't get a modification. Courts do not "discount" child support because you started a new family. They expect people to be responsible enough not to take on additional obligations, especially if there is a financial difficulty already.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Maybe nothing. Without a substantial reduction in your income, 10% or more, you may be stuck. The basis for a motion to modify involves a substantial change in the income level of the parties. If the ex has had an increase in income, then that too could be considered. Be careful. The guidelines were amended to increase them, so run your numbers to see where you would land before filing a motion to modify. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Child support is based upon the child support guidelines of the State of Oregon. Go to the calculator at the Dept. of Justice website and work the numbers to see what child support should be. If the children of your second family are "step" children you cannot count them as your children.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, you would hire an attorney to file a motion to modify in the domestic relations or juvenile court. See a domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 6/9/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to consult with an attorney regarding your current child support payment, your changed financial circumstances, provide current financial information, apply the information to the law, and the attorney can give you an idea if a child support modification action is appropriate after they compute a new child support number.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Brian Walker Law Firm, P.C.
    Brian Walker Law Firm, P.C. | Brian Walker
    If it is been more than two years since the entry of your last Order of Child Support was entered with the court, you may be able to have your child support amount modified. Moreover, if your support order was entered less than two years ago and it is causing a substantial hardship, you may have grounds for modification as well.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You may or may not be able to, depending on your numbers. Step one is to sit down with a lawyer, let him run the state guideline numbers and assess your chances.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    File a motion to modify and the other children will be counted as a credit on the Guidelines Worksheet.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You need to get a modification. A lot of it is going to come down to if your income has been reduced.
    Answer Applies to: Utah
    Replied: 6/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, if you have additional children in which you owe a duty of support, that can be a basis for deviating your support downward. See an attorney to find out approximately how much you could potentially save.
    Answer Applies to: Washington
    Replied: 6/9/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    File a motion to modify in the court that issued the current support order (that assumes the court is in Colo and you still live in Colo; it gets more complicated if you now live in a different state or if the child now lives in a different state). The criteria for a modification is whether recomputing the child support based on current facts results in at least a 10% difference from the current order. If so, you are entitled to a modification. Generally, however, the mere fact that you have a new family doesn't justify a reduction. Depending on how long ago the current order was entered, it is even possible that your attempt to reduce might result in an increase. You should consult an attorney to go over the actual facts with you before opening up pandora's box.
    Answer Applies to: Colorado
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file a motion to modify child support. I would run a calculation first to make sure that a motion will in fact reduce your support. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    File what is called a petition for modification asking for a downward modification based on your change of circumstances, consult with an attorney of you can right away it may be worth a few dollars invested in hiring a professional to lower your payments significantly.
    Answer Applies to: New York
    Replied: 6/9/2011
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