How can i reduce child support payments

How to Lower Child Support Payments | Child Support Reduce

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What is a Child Support Order?

Child support is a recurring monetary payment meant to help support a child or children whose parents are no longer living together. Factors taken into consideration include:

Custody Arrangement: Child support payments are almost always ordered to be paid to the parent that has been granted custody of the child. This is because the custodial parent will naturally incur more expenses related to the child (e.g. food, clothing, extracurricular activities).
Lifestyle Prior to Separation: In situations where the child lived with both parents prior to the parents’ separation, the court will consider the lifestyle that the child was accustomed to when the parents were together in order to minimize disruption in the child’s life. For example, in the case of a child who has always attended an expensive private school, the court will likely order that the non-custodial parent provide enough financial support to allow the child to continue in the same type of school environment.
Income of the Parties: The court will require both parents to submit proof of their total income so that each parent’s financial means can be used to determine how much support should be paid.

The overarching goal in entering custody or child support orders is to do what is in the best interest of the child.

What Does a Child Support Order Usually Contain?

A child support order will declare which parent is ordered to pay support, the monthly amount due, obligations to help pay for daycare or provide health insurance, and a termination date for the payments. Child support orders involving multiple children will usually lay out the dates when the child support obligation will lessen based on one or more children reaching the age of majority.

The order will also almost always contain a brief summary of the consequences for non-payment and an overview of what must be done to alter the child support order.

Can Child Support Be Lowered or Changed Because of Financial Circumstances?

A child support order can change over time as a result of changing circumstances. If the paying parent thinks that the amount of child support should be reduced, they can request a child support reduction. A reduction is most often ordered due to changes in a parent’s financial situation (loss of job, etc.).

How often a child support order can be altered is almost always limited, usually by requiring a certain period of time to pass before a change can be requested. This is because if there were no limits on how often an order can be updated, the courts would be completely overloaded with modification requests from parents not satisfied with the order entered.

How Can I Get My Child Support Payment Lowered?

In order to change child support payments, a parent must file a Motion to Modify. This is a formal request asking the courts to consider changing the child support order previously entered. The court is not required to grant the Motion to Modify, and usually requires proof that circumstances have changed substantially enough to warrant the change.

Requests to lower child support payments are most often granted as a result of:

Changes in Income: Usually if the paying parent’s income is substantially less than when the child support obligation was calculated. This could be after the parent loses a job, becomes incarcerated, or becomes disabled.
Changes in the Custody Arrangement: Modifications will also frequently be granted if the custody arrangement changes so that the paying parent naturally incurs more routine expenses to support the child.
Change in Costs Taken into Consideration: A steep increase in health insurance costs could mean that a paying parent’s monthly child support payment will be lowered to reflect that.

What Else Should I Know About Lowering Child Support for Financial Reasons?

A parent may also be able to get the amount of child support lowered as a result of increased educational or extracurricular costs. If the parent can provide proof that they are now paying significantly more each month for such an expense, then the court may consider lowering the monthly child support payment.

The courts may also lower a parent’s child support obligation if additional children are born to the parent. Most states assess child support obligations based on the idea that a certain percentage of the parent’s income should go towards supporting their children. If the calculation was based on having a single child, and that parent later has children with a new spouse, then the amount of their income that the courts feel should go towards supporting children must now be spread out between all of the children.

What Happens if a Child Support Order is Violated?

A parent who is ordered to pay child support will face several consequences if they don’t pay, including:

Fines, jail, or both
Garnishment of wages, including unemployment and worker’s compensation
Seizure of tax refunds
Revocation of passport
Suspension, revocation or denial of various licenses — professional, driver’s, hunting/fishing/boating

Should I Hire an Attorney if I Want to Lower My Child Support Payments?

While it is possible to get your child support payments lowered on your own, it is usually a good idea to at least consult an attorney before attempting so. Hiring a child support lawyer to seek the reduction in child support for you will almost always result in a quicker and more successful result.

Abigail Stark

LegalMatch Legal Writer

Original Author

Abby has a Bachelor's degree in Psychology and supported men and women with developmental disabilities for over a decade before earning her Juris Doctorate in 2017. She still serves on the local committee responsible for reviewing the necessity of any rights restrictions imposed on individuals with developmental disabilities. Her favorite part of law school and practicing law is the research and writing. When not working, Abby loves being outside, spending time with family, watching documentaries, and cooking. You can learn more about her from her Linkedin profile.

Jose Rivera

Managing Editor

Editor

Last Updated: Aug 10, 2020

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Reducing the amount of alimony \ Acts, samples, forms, contracts \ Consultant Plus

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Reducing the amount of alimony

A selection of the most important documents upon request Reducing the amount of alimony (legal acts, forms, articles, expert advice and much more).

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Maintenance obligations of children to support their parents
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Selection of court decisions for 2020: Article 80 "Obligations of parents to support minor children" of the RF IC "Declining to satisfy K.D. dated January 26, 2017, for the maintenance of K.M.’s son in the amount of 1/4 of the earnings, the courts of first and appeal instances were guided by articles 80, 81, 119 of the Family Code of the Russian Federation, paragraphs 20, 57 of the decision of the Plenum of the Supreme Court of the Russian Federation of December 26 2017 N 56 "On the application of legislation by the courts when considering cases related to the recovery of alimony" and proceeded from the fact that changing the amount of alimony (reduction or increase), taking into account the financial or marital status of the parties and other noteworthy circumstances, is the right of the court; listed in circumstances of the lawsuit, namely the birth of the second child of the plaintiff and the recovery of alimony on him are not unconditional grounds for reducing the amount of alimony for the first child, since they do not indicate that the plaintiff is unable to maintain the payment of alimony in the same amount and will entail an unreasonable deterioration in the maintenance of his son Matvey. nine0015

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Selection of court decisions for 2020: Article 80 "Duties for the maintenance of minor children" SK RF
(RB Kasenov) The court partially satisfied the claims of the plaintiff to the defendant to reduce the amount of alimony to be collected. As the court pointed out, by virtue of Art. 80 of the Family Code of the Russian Federation, parents are obliged to support their minor children. Taking into account the interests of the parties, their financial and marital status, the court came to the conclusion that the plaintiff's claims were partially satisfied, considering it necessary to reduce the amount of alimony to 1/5 of all types of his earnings. At the same time, the plaintiff's arguments about the existence of grounds for reducing the amount of alimony to 1/6 were rejected by the court. As the court pointed out, the fact that the plaintiff has two more young children and the obligation to support them cannot limit the right of the first child to the necessary and decent maintenance and is not an unconditional basis for reducing the amount of alimony to 1/6 of earnings. Circumstances excluding the possibility of paying alimony in the amount established by the court and testifying to the infringement of the rights of other children of the plaintiff or indicating a violation of the rights of the person obliged to pay alimony, the plaintiff did not cite. nine0015

Articles, comments, answers to questions : Reducing the amount of alimony

Normative acts : Reducing the amount of alimony

Decree of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56
"Oi collection of alimony" 8. When resolving issues on establishing the amount of alimony to be collected in a fixed amount of money (Articles 83, 85, 87, 91, 98 of the RF IC), the amount of additional expenses for children or parents (Articles 86, 88 of the RF IC), on reducing or increasing the amount of alimony levied on minor children in proportion to the earnings and (or) other income of parents (clause 2 of article 81 of the RF IC), on changing the amount of alimony established by the court or on exemption from paying alimony (article 119RF IC), on exemption from payment of alimony arrears (Article 114 of the RF IC), as well as other issues that, in accordance with the norms of Section V of the RF IC, are subject to resolution by the court, taking into account the material and marital status of the parties and other circumstances worthy of attention or interests of the parties , you must proceed from the following:

Reducing the amount of alimony

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Child support reduction

lawyer Yaroshevich Natalya Andreevna,
January 31, 2017

Phone: +375298898855

Grodno Regional Bar Association, Specialized legal advice of the Grodno Regional Bar Association

The main legislative act regulating issues of maintenance obligations is the Code of the Republic of Belarus on marriage and family (hereinafter referred to as the Code). The Code provides for cases of changing the amount of alimony collected from parents for children by a court order, in particular, cases of reducing the amount of alimony. nine0015

Thus, a parent who pays maintenance for minor children by a court order has the right to file a claim for a reduction in the amount of maintenance in the following circumstances: receiving alimony;

disability of the parent from whom maintenance is collected, I or II groups.

In exceptional cases, the court may exempt a parent who is a disabled person of group I or II from paying alimony, as well as reduce the minimum amount of alimony collected from an able-bodied parent who, for objective reasons, cannot pay them in the established amounts.

In cases where alimony is paid in a fixed amount of money or in an amount corresponding to a certain number of basic units payable monthly, the person concerned has the right to apply to the court to reduce the amount of alimony collected on the grounds of a change in the material or family status of the person paying alimony. nine0015

It is important to note that reducing the amount of child support ordered by a court order is a right, not an obligation of the court.

At the same time, the court, resolving a claim for a reduction in the amount of alimony on the basis that the parent obliged to pay alimony has other minor children, takes into account the earnings (income) of the parent obliged to pay alimony, as well as the presence of other disabled family members to whom, by law, he is obliged to deliver maintenance (disabled parents, spouse). nine0015

It is also necessary to pay attention to the following point. A claim to reduce the amount of alimony to be collected can only be made in the case when alimony is collected on the basis of a court order. In the case of a voluntary procedure for paying alimony, as well as if the payment of alimony is regulated by the Marriage Agreement, the Agreement on Children or the Agreement on the Payment of Alimony, a claim may be brought to the court to recover alimony or to challenge the terms of these agreements, respectively. nine0015

Thus, if there are grounds provided for by the Code, the amount of alimony can only be reduced by a court and only at the request of a parent who pays alimony for minor children by court order.

Blog Yaroshevich Natalya Andreevna

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0 Andrew! February 1, 2017 08:45
Good afternoon, Natalya Andreevna! Tell me please! I divorced my wife and paid alimony for a minor child for some time! from 12/23/16 the child lives with me! 01/20/17 she took the claim for alimony! they don't charge me from this number! how to write a lawsuit correctly so that alimony is calculated from my ex-wife in my favor for the maintenance of the child, do I need a state duty, and confirmation that the child lives with me, because there is no court decision to determine the child where to live! nine0015
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Andrew! February 1, 2017 08:45

Good afternoon, Natalya Andreevna! Tell me please! I divorced my wife and paid alimony for a minor child for some time! from 12/23/16 the child lives with me! 01/20/17 she took the claim for alimony! they don't charge me from this number! how to write a lawsuit correctly so that alimony is calculated from my ex-wife in my favor for the maintenance of the child, do I need a state duty, and confirmation that the child lives with me, because there is no court decision to determine the child where to live! nine0015

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0 Guest February 9, 2017 11:09
Good afternoon! Initially, you need to file an application with the court to determine the place of residence of a minor child, then, on the basis of this, you will apply for the recovery of alimony.
Name Quote

Guest February 9, 2017 11:09

Good afternoon! Initially, you need to file an application with the court to determine the place of residence of a minor child, then, on the basis of this, you will apply for the recovery of alimony.

Name Quote

0 Guest February 15, 2017 12:39
I am divorced. and by a court decision, the child lived with his mother, and I pay alimony on a writ of execution. A year ago, my son (12 children) moved in with me, my wife does not mind. But I'm still being protected by alimony. How can I stop this process: court. performer refuses to suspend
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Guest February 15, 2017 12:39

I am divorced. and by a court decision, the child lived with his mother, and I pay alimony on a writ of execution. A year ago, my son (12 children) moved in with me, my wife does not mind. But I'm still being protected by alimony. How can I stop this process: court. performer refuses to suspend

Name Quote

0 Guest March 22, 2017 12:16
Good afternoon! I am not yet divorced from my ex-wife. at the time of my absence (being at military training camps), she filed a lawsuit for divorce and alimony. I received a court order for the recovery of alimony. Please tell me how you can object to the stated requirement if the child lives with me more (all holidays and weekends, the wife does not help support the child during this period), during school hours, when the child lives with his wife, food at school and various contributions We do it together with my wife. we also pay for school preparation together. nine0015
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Guest March 22, 2017 12:16

Good afternoon! I am not yet divorced from my ex-wife. at the time of my absence (being at military training camps), she filed a lawsuit for divorce and alimony. I received a court order for the recovery of alimony. Please tell me how you can object to the stated requirement if the child lives with me more (all holidays and weekends, the wife does not help support the child during this period), during school hours, when the child lives with his wife, food at school and various contributions We do it together with my wife. we also pay for school preparation together. nine0015

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0 Anastasia March 22, 2017 09:48 PM
Good evening. Such a situation, I receive alimony from my ex-husband not on a writ of execution, but on my own application to the accounting department at the place of work, 25% allimites, in October 2016, I found out that my ex-husband, in connection with the birth of a child from a new marriage, I also wrote a statement to the accounting department at the place of work about reducing the alimony for my child, now it is 16. 5%. The accounting department answered that they acted legally, but only the court can make such decisions. Where to go in this situation and who to complain about ??? Thank you in advance!!! nine0015
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Anastasia March 22, 2017 09:48 PM

Good evening. Such a situation, I receive alimony from my ex-husband not on a writ of execution, but on my own application to the accounting department at the place of work, 25% allimites, in October 2016, I found out that my ex-husband, in connection with the birth of a child from a new marriage, I also wrote a statement to the accounting department at the place of work about reducing the alimony for my child, now it is 16. 5%. The accounting department answered that they acted legally, but only the court can make such decisions. Where to go in this situation and who to complain about ??? Thank you in advance!!! nine0015

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0 Elena April 18, 2017 05:09 PM
Hello Natalya Andreevna! I have this question: in 2016 I gave birth to a daughter, my father did not recognize her, wrote down her last name, did not file for alimony. In March of this year, my daughter's father died, please tell me how can I get a pension now, and is it possible now. nine0015
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Elena April 18, 2017 05:09 PM

Hello Natalya Andreevna! I have this question: in 2016 I gave birth to a daughter, my father did not recognize her, wrote down her last name, did not file for alimony. In March of this year, my daughter's father died, please tell me how can I get a pension now, and is it possible now. nine0015

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0 victor April 18, 2017 22:28
good evening . . help me explain ... my wife is divorced ... by verbal agreement I pay 50% of the salary for alimony for three children .. the eldest is finishing school .. she is a disabled person of the 3rd group by hearing ... receives a pension for disability .. she is 19 years old ... according to her, she is going to enter the Minsk Institute of Physical Education in absentia .. second child .. son ... in June she will be 18 years old .. she is finishing college .. the third child ... son .. 14 years old ..what part of the alimony should I pay my ex-wife based on this entry
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victor April 18, 2017 22:28

good evening . . help me explain ... my wife is divorced ... by verbal agreement I pay 50% of the salary for alimony for three children .. the eldest is finishing school .. she is a disabled person of the 3rd group by hearing ... receives a pension for disability .. she is 19 years old ... according to her, she is going to enter the Minsk Institute of Physical Education in absentia .. second child .. son ... in June she will be 18 years old .. she is finishing college .. the third child ... son .. 14 years old ..what part of the alimony should I pay my ex-wife based on this entry

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0 Nicholas May 7, 2017 01:15 PM
Hello. I have 2 children from my first marriage and 5 children from my second marriage. The decision of the court m 70% protect alimony as there is a debt on alimony. Is it possible to reduce the elements? I do not receive a salary at all, and the debt has formed at the enterprise. nine0015
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Nicholas May 7, 2017 01:15 PM

Hello. I have 2 children from my first marriage and 5 children from my second marriage. The decision of the court m 70% protect alimony as there is a debt on alimony. Is it possible to reduce the elements? I do not receive a salary at all, and the debt has formed at the enterprise. nine0015

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0 Sergey May 8, 2017 06:31 PM
Good afternoon. Such a situation, after a divorce, we agreed with my wife on the voluntary payment of alimony (without a trial) There was a time when it was either not possible to pay, or paid, but not much (there was no work). wants to sue for alimony payments for the period when I did not pay. Is it legal or not? nine0015
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Sergey May 8, 2017 06:31 PM

Good afternoon. Such a situation, after a divorce, we agreed with my wife on the voluntary payment of alimony (without a trial) There was a time when it was either not possible to pay, or paid, but not much (there was no work). wants to sue for alimony payments for the period when I did not pay. Is it legal or not? nine0015

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Guest May 11, 2017 09:58

Hello!!! I am married for the second time.