How to Decrease Your Child Support Payments

If you have difficulty making your child support payments and wish for the family court judge to recalculate your payments, you will need to make a written request and have your case heard by a judge. Because individual states establish their own laws regarding child support, it is advisable to speak with a licensed family law attorney prior to asking the judge to reassess your child support payments.

Difficulty: Moderately Challenging

Instructions

1. Draft a written request for reassessment of child support payments. The family court will not be able to give you a hearing date unless you put your request in writing.

2. Fill out a new financial affidavit. In order to assess your child support duties, the family court must see an itemized list of your income, expenses, and debts. You will need to provide this information using an affidavit specifically designed for family law and child support issues. It is available from the Clerk of the Court or your local child support office.

3. Prove that your income is significantly lower than it was when the court first assessed your child support duties. If you have lost your earning potential due illness, injury, or job loss and do not expect to return to your previous salary, the family court judge may be willing to lower your child support payments to reflect your new financial situation.

4. Provide evidence to show that you have significant expenses that are beyond your control. For example, if you have just undergone a serious illness and have extensive medical bills to pay, the family court may be willing to reassess your child support duties to better reflect your ability to pay.

5. Establish that the child's other parent has had a marked increase in income. If the other parent has recently taken a new, high-paying job, inherited a large sum of money, or has had another increase in income, the family court judge will take this into consideration when assessing how much child support you must pay.