If you have had a significant, unexpected change in your financial circumstances that makes it difficult for you to fulfill your child support obligation, you may be able to obtain a court order to reduce your monthly payment. To make your request for a child support modification, you must petition the court that entered the initial order. Generally, you will need to fill out a new financial affidavit and provide written documentation backing up your request.
Step 1
Prepare a petition to modify your child support order. In most states, you are required to prepare a written petition if you wish for the judge to reconsider your child support burden. You can obtain a sample petition from the Clerk of the Court, a private attorney or the Legal Aid office. Since each state makes its own laws on child support modification, the requirements for the document will vary by jurisdiction.
Step 2
Fill out your financial affidavit. Along with your petition, you must submit a financial affidavit. This document should detail your monthly expenses, such as housing, transportation, medical care and food, as well as your monthly income from all sources, including wages, retirement plans, Social Security and public assistance.
Step 3
Compile evidence that backs up the claims you make in your petition. If you are requesting a child support modification because you lost your job, compile pay stubs and your income tax return. If you are disabled or suffer from a major illness that prevents you from working, this may qualify you for a reduction in child support payments. To establish the extent of your disability, the court will need to see copies of your medical records or a letter from your doctor detailing the extent of your illness and current condition.
Step 4
Request a copy of your spouse's most recent income tax return. Since child support orders aim to provide the child with a consistent standard of living, if the custodial parent assumes a new job with a significantly higher salary, inherits money or otherwise improves her financial situation, the court may be willing to decrease your child support burden. DivorceNet attorneys explain that you may ask for your spouse's income tax return once per year in order to assess whether your current child support burden is fair and up-to-date.
Step 5
File your petition with the court that entered the initial order. Once you have prepare your petition, financial affidavit and supporting documents, file them with the Clerk of the Court. After the court reviews your documents, you will receive a hearing date. At the hearing, you will have the opportunity to argue your case in front of a judge. The judge will then review the merits of your case and decide whether you can reduce your child support payments.
Tips and Warnings
- If you have any questions about your child support modification, contact an attorney. If you cannot afford a private attorney, Legal Aid may be able to assist you at little to no cost.
