There are particular determining factors that must be considered if you want to lower child support. During the divorce process financial details must be provided to the court which allows the court to determine the amount of child support that will need to be paid by the non-custodial parent. Typically, the income of both parents and their respective assets/liabilities are taken into consideration by the court when deciding the amount of child support to be ordered.
In a Case where the non-custodial parent has limited income or many liabilities the court may order smaller amount of child support. This is especially true in situations where the custodial parent has satisfactory income and limited liabilities. The court will also take into consideration any child support payments owed to children from a prior marriage.
It is essential for non-custodial parents to understand that the amount of child support ordered in the original decree is not a permanent figure. If the financial situation of either parent changes, the court can be approached to lower child support payments.
For instance, the non-custodial parent has his hours at work cut back or maybe even becomes unemployed. This may be justification for a reduction in child support. One critical thing that the non-custodial parent needs to understand is the child support ordered is in force until it is legally altered. The parent cannot stop paying the full amount just because of lowered income. They must either petition the court or child support enforcement to reduce the court ordered amount.
It is best to petition for reduction of support before the payments are late. The courts are not happy when their order for support payments has been disregarded. The non-custodial parent my find themselves in contempt of court which can mean fines and or jail time. So, for the best chance at successfully reducing child support, petition the court while payments are not delinquent.
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