If I was laid off and cannot afford child support payments, can I have them lowered?

If your income has dropped dramatically and you are no longer able to make your child support payments, you have two options: you can explain the situation to the custodial parent and ask them to agree to a temporary or permanent change in your child support payments or you can petition the court and request that they make a change in the child support order despite the objections of the other parent.

If you have the consent of both parents to the change in child support payments, the process for changing your child support obligation is generally going to be fairly simple. You will simply petition the court, let them know both parents consented and the court will approve the alteration as long as there is no compelling reason for it not to do so.

Disagreements Over a Change in Child Support Payments

If there is disagreement about whether the child support order should be changed, then things become a bit more complicated. In such cases, you will need to show the court that there has been a material change in circumstances that necessitates making a change in child support payments. Essentially, this means you have the burden of proving that something has happened since the first order of child support was issued that is significant enough that the court should reconsider their application of the state’s child support formula.

A significant drop in income may be an example of just such a situation. Provided that this has altered your ability to pay and the court is convinced that it is no longer appropriate to require the same support obligations, they will adjust those obligations down to meet with your current salary level. This may be a temporary change until your income rises again, or it may be set on a more permanent level (in which case, the other parent would have to petition for a change if you got a high paying job again).

Usually, as long as you can prove the drop in income materially changed your circumstances, you shouldn’t have a problem getting your child support order changed. However, there are some limited cases where courts have decided that parents are willfully refusing to work to avoid child support payments, or that the parent has willfully reduced his or her income in order to avoid the obligation to pay.  In such cases the court may not be willing to work with you on a change.

Getting Help

To get help filing your petition for a change with the court or for other assistance in dealing with child support issues, you should contact an experienced child support attorney in your local area.

Exploring Child Support Payment Modifications: Case Studies

Case Study 1: The Hardship of Unemployment

John, a single father, recently lost his job due to company downsizing. With his income significantly reduced, he is struggling to meet his child support obligations. John decides to petition the court to lower his child support payments temporarily until he secures new employment.

Case Study 2: A Mutual Agreement

Sarah and Michael, divorced parents of two children, experience a drastic change in their financial situation when Michael unexpectedly inherits a substantial amount of money. Recognizing the imbalance in their respective incomes, they mutually agree to revise their child support arrangement to reflect the new financial circumstances.

Case Study 3: Adjusting for Health Expenses

Lisa and Mark, parents of a child with chronic medical conditions, face mounting medical bills that strain their finances. They file a joint petition with the court, providing documentation of the increased healthcare costs and requesting a modification of the child support order to accommodate these additional expenses.

Case Study 4: Unforeseen Career Change

Emily, a successful business executive, decides to leave her high-paying job to pursue a career in the nonprofit sector. As her income takes a significant hit, she seeks to modify her child support payments to reflect her new earning capacity, providing evidence of the substantial change in her career and income.

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