If I can’t keep up with my child support payments, can I by law get them recalculated?

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If I can’t keep up with my child support payments, can I by law get them recalculated?

When the marriage settlement agreement was written up, I was making more money. I’m not in a very good place now financially and I’ve fallen way behind. In trying to get help from the lawyer who set up the initial payments she said, those are the figures and those bills need to be paid, end of discussion. What are my rights? I want to provide for my children, but again, I’m falling behind and drowning in debt. I fear jail time. That won’t do my kids any good.

Asked on April 6, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you need to do is to go back to court and to request that a modification of the order of support be permitted.  Courts generally allow this for a change in circumstances (financial is the most common and the most likely).  Get help.  Good luck. 


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