What are valid reasons for reducing my child support payment

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Latest post 11-03-2009 1:12 PM by kath21. 4 replies.
  • 07-02-2008 1:19 PM

    Question [=?] What are valid reasons for reducing my child support payment

    Hi i needed to know what were qualified reasons for getting my child support modified to less then what i am paying now. I do i word it whaen i file for modification of support?
  • 07-04-2008 11:29 AM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 5,911

    Sad [:(] re: What are valid reasons for reducing my child support payment

    Job layoff. However, if you are eligible for unemployment, you report that income.

    Loss of hours in current job because of economic situations. In other words, your employer reduces everyone's hours for budgetary reasons.

    If your work is commission based, you would need to demonstrate that your commission earnings have decreased. In certain industries, such housing or real estate, you may be able to show this one without too much trouble.

    Disability for work, but you should be prepared to show that you have filed for any and all disability benefits that may be available to you.

    There probably are others, but the basic rule is that you must show a change in personal financial circumstances that was unavoidable and, to the extent possible, unforeseen.

    Remarrying and have another child may qualify in some states, but it does not in others. I don't know how NY treats this one.
  • 07-07-2008 10:42 PM In reply to

    re: What are valid reasons for reducing my child support payment

    Under most circumstances, an involuntary reduction in income is a basis to reduce child support.

    If you are divorced, check your judgment; it should state if family court has concurrent jurisdiction. Most divorces have this provision. If it does, you can file in either Supreme Court or Family Court.

    If you were not married, you'll probably have to file in Family Court.

    You can download the family court forms at www.courts.state.ny.us or you can pick them up at the clerk's office at family court.

    J. Douglas Barics
    www.jdbar.com

    J. Douglas Barics

    www.jdbar.com

     

  • 11-03-2009 1:08 PM In reply to

    • Ren
      Consumer
    • Not Ranked
    • Joined on 03-26-2002
    • MI
    • Posts 2

    re: What are valid reasons for reducing my child support pay...

    Just adding that I am in MI and was let go of my job after 14yrs due to the economy.  At the hearing, the magistrate asked me if I was actively looking for work.  In addition to my regular job, I also work part-time for an online company as an independent contractor (which does figure into my support).  My answer to his question was:  "Yes, I am looking for work additional work online as it will be easier to work around classes.  I plan to enroll in community college this fall thru the No Worker Left Behind program (state funded college expenses).  I also stated that MI had the highest unemployment rate in the country and the area I lived in was the highest in the state."

    My unemployment is 47% of the salary I was making.  The magistrate denied my petition for reduction since I was not "actively" looking for work and with my skills and experience, I should have been able to find a job to replace my income.

    The funds did not come through for college and I have been looking for a job (and keeping notes).  I will try again in January to get my support reduced if I do not find a job by then.

    I was very ignorant to think that losing your job and only receiving unemployment would automatically reduce my support.  By posting this, I hope to help someone from making the same mistake.

  • 11-03-2009 1:12 PM In reply to

    re: What are valid reasons for reducing my child support pay...

    "I was very ignorant to think that losing your job and only receiving unemployment would automatically reduce my support.  By posting this, I hope to help someone from making the same mistake."

    It usually does...but not when you tell the judge you don't intend on returning to full time work; schooling is great, but when you have children, they come first.   Education becomes a luxury if you can't afford to support your children, too.

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