Modifications to Lower or Raise Your Child Support

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A recalculation will be done if any of the following is true:

  • You have had one or more new children (stepchildren not included)
  • Your income has gone down (or your ex’s has gone up)
  • Custody percentage has gone up
  • The original computation was incorrect

Under a court order, a father is required to pay $800 a month in child support.

Over the course of several years, the mother spent increasingly more time with the children, and the father’s income increased significantly. After a recalculation, the father ended up paying the mother $560 a month in support.

This is an example of a common child support modification scenario. Albrecht and Albrecht can help you make sure the child support is fair to both parents and the children are supported financially.

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Losing a job can be devastating, especially if you are expected to pay child support each month. How are you supposed to pay if you don’t have any income? Perhaps you are able to find a new job, but your salary is much lower than at your previous position. Can you request to pay a lower amount of child support?

The answer is yes. The amount that you pay in child support is calculated in large part based on your income. If that income goes away or is significantly diminished, then you have grounds to ask for your child support payments to be lowered.

Ideally, if you and your ex-spouse are on speaking terms, you will want to reach out to them and explain your situation. If both ex-spouses agree to the lower payment amount, the change will go much smoother. You’ll just need to ask a judge to approve the change.

Unfortunately, many people do not have a strong relationship with the ex-spouse. On top of that, no parent wants to receive less child support each month, even if the reason is understandable. If your spouse fights you on your request to lower child support payments, you both will need to attend a court hearing and plead your case in front of a judge.

This is where having an attorney in your corner can really help. If your attorney can persuasively demonstrate that the lower amount you request to pay in child support is reasonable given your diminished income, you should be able to get the judge to agree. If you would like to lower your child support payments in Temecula, we can help. Call Albrecht & Albrecht at (951) 693-3132.

Albrecht & Albrecht