What to do if I have a child support obligation that is excessive?

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What to do if I have a child support obligation that is excessive?

The divorce has been final for about a year. I was forced to pay for private schools for my son because there was no full-time kindegarten available that best fitted her needs. It cost me $800 a month in child support to total $1,100 a month for 2 children. As of this school year, he is now in a public school and no longer attends the private school. Is this enough for modifaction with the courts? Also, not to mention, that I have documentation on extreme hardships that I endured while paying my forced obligations. I believe in child support and agree that I take care of them financially but I also know that this is excessive and not neccessary.

Asked on September 26, 2012 under Family Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Changed circumstances are grounds for modification of child support.  The fact that your son is no longer in the private school would be a changed circumstance that you could argue supports a modification of child support.

You will need to file an Order to Show Cause (court form) requesting a modification of child support.  You should also file a supporting declaration signed under penalty of perjury stating the facts supporting your request for a modification of child support (your son is no longer in private school and the current amount of child support includes his tuition at the private school).  File your documents with a proof of service with the court and serve a copy by mail on your ex.  Check with the court clerk to see if other documents need to be filed as the requirements may vary from state to state.  When you file your Order to Show Cause, the court will schedule a hearing on your request for modification of child support. 

The proof of service you file with your documents verifies the date of mailing to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to ___________ (name and address of your ex) on ________ (date).  You sign and date at the bottom.  The date you sign the proof of service should be the same as the date of mailing and the same date you file your documents with the court.


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