Child Support Modification - When Should You Seek To Reduce Child Support?

Child support modification can be used by either the custodial parent or the non custodial parent when a substantial change in their finances has taken place. The modification of child support procedure allows the parties to legally change the original child support Order.

Typically this modification procedure is used by the non-custodial parent to reduce child support payments when that parents income has been reduced. Loss of job or reduction in pay or hours may be grounds for filing with the Court to reduce support.

Each State has uniform child support guidelines that are used to calculate child support. These guidelines are based on financial information from both parents and includes expenses from previous support orders.

Below are some of the factors that are taken into consideration by the Court when determining child support payments:

1. Number of children subject to the isses of the marriage

2. Number of children that are 12 years or older

3. Number of times in each month children stay overnight with non custodial parent

4. Gross monthly income of non-custodial parent

5. Amount of child support paid monthly by non-custodial parent for children from a previous marriage

6. Alimony support non-custodial parent receives monthly from a previous marriage

7. Alimony support from a previous marriage paid monthly by non-custodial parent

8. Non-custodial parent's monthly day care obligation

9 Monthly non-custodial parent's obligation for family group health insurance

10. Custodial parent's gross monthly income

11. Non-custodial parent's monthly child support obligation for children from a previous marriage

12. Monthly alimony support received by custodial parent from a previous marriage

13. Amount of monthly alimony support paid by custodial parent from a previous marriage

14. Monthly custodial parent's daycare obligation

15. Monthly custodial parent's obligation for family group health insurance

It is ultimately the Court's decision as to whether any of the above factors have changed enough to warrant a reduction in child support but the more accurate you can portray your current situation the better.

Non custodial parents, mostly Fathers, have a very strong commitment to honor their child support payments and will go 'above and beyond' to make certain they are paid. It is important for the non-custodial parent to remember that the child support modification procedure was set up to help prevent child support arrearages. The Court would much rather adjust payment amounts based on current finanial information than they would see support payments go unpaid because of those same financial changes.

The best time to approach the Court to reduce child support payments is when there have been significant changes in either the custodial or non custodial parent's financial picture, and while support payments are current. If payments are in arrears the custodial parent may try to claim the need for modification is not real and only an attempt by the custodial parent to deflect attention from the arrearages.

Also, it is important to realize that parents who are behind in support payments may face jail time along with suspension of driver's and other licenses. In summary, if either parent's financial picture has significantly changed it might be wise to approach the court with a Petition for Child Support Modification as early as possible.

Lucy Frank spent years working as a paralegal helping consumers with debt problems. She understands that child support modification is a procedure that needs to be used more often by non-custodial Fathers to avoid legal problems. Her website provides information and forms that are needed to successfully reduce child support.