You have an obligation to pay child support as a parent.It can be very difficult to get out of this obligation, and parents are only relieved of their responsibility in limited situations.You have options if you want to lower or stop your child support payments.
Step 1: The purpose of child support is understood.
Child support is designed to allow a child to enjoy a standard of living similar to what he or she would have enjoyed had the parents lived together.Child support can be ordered when the parents are separated, have never lived together, are in a divorce, or in the midst of a legal separation case.It is usually paid to the parent who the children spend most of their time with.Child support isn't alimony.The purpose of alimony is to support a former spouse.The purpose of the child support payments is to benefit the children who no longer live with you.Child support payments can only be changed by the court.
Step 2: You should read the child support laws in your state.
Statutes are used to determine child support payments in each state.You can find your statute by typing it into a web browser.The formulas take into account the child's needs and the parents' ability to pay.The formulas are often only guidelines, which a judge can deviate from.Courts can consider a number of factors when setting child support payments.Some states only consider the income of the non-custodial parent.Some states use gross income while others only consider net income, such as taxes and union dues.Both parents are paying child support or alimony from a previous marriage.The parent is paying for health care.The parents are responsible for the children from the current marriage.Each parent is supporting a certain number of children.The expenses of raising children do not double for each child you add.Either parent lives with a new partner or spouse who contributes to household expenses.The child is disabled.If your child is unable to care for themselves, support payments could continue indefinitely.
Step 3: Meet an attorney.
An attorney can help you figure out ways to reduce your child support payments.An attorney with experience with local judges will know what the judges are looking for when considering a modification to child support.You can find family law attorneys in your state on the bar association website.You can call or email the states that run referral services.
Step 4: If you want to end support, file a petition.
The court may end a parent's support obligations.You have no income, that's the only situation where this happens.Most states will grant a non-custodial parent's petition to temporarily suspend child support if the parent has lost their job or is in the process of applying for disability benefits.You are in jail.Some states will allow temporary suspension for incarceration, while others will not.The child is majority.When a child reaches the age of majority, most states allow a parent to stop paying.Some states require a parent to pay until the child is 21.The child is no longer with us.At the child's death, you must petition the court to stop payments.You have to pay on your own.
Step 5: You can fill out a petition.
You can fill out the forms in your state.You need the right form to modify your child support payments.It will go by different names in different states.Ask the court clerk what form you need to fill out.Although the court clerk can't give legal advice, he or she should be able to point you in the right direction.If you have a question, ask if the court has a self-help center.Because family law cases make up such a large portion of the court's docket, many courts have staff who can answer legal questions and help you fill out forms.
Step 6: The petition should be filed.
The completed petition needs to be taken to the court clerk.You will have to pay a filing fee.If you can't afford the fee, you should fill out a fee waivers form.Notices will need to be served on the other parent.Notices can be personally served by the sheriff, a professional process server or someone who is not involved in the case.Ask the court clerk if you need to pay any fees associated with the service.
Step 7: Attend a hearing.
You should request a hearing date after filing the forms.You can either receive a date at that time or be mailed it.Bring enough documentation to the hearing.If you want to have your child custody payments stopped, you will need documents.Bring a death certificate if the child has died.Bring pay stubs, bank statements, tax returns and any other financial information if you have no money.
Step 8: Take a chance on an appeal.
You can appeal a child support determination.The clerk can give you a Notice of Appeal form.Depending on your state and court, it may be a different name.Ask how you can appeal.You need to have an objection to the judge's interpretation of the law in order to appeal.It is difficult to appeal a child custody order because judges have the power to set the amount you have to pay.You can fill out the appeal form after securing it.You will need to give notice to the other parent.
Step 9: Understand what you have to prove in court.
Obtaining custody of the child is a way to stop child support payments.The court will look to a variety of factors to determine what is in the child's best interests.They will be listed in either a statute passed by the legislature or a court opinion issued by your state supreme court.Depending on the state, courts will look at different factors.The love and affection existing between the parties and the child is considered by Michigan.Kentucky considers a number of factors, including the wishes of the child, the adjustment to home, school, and community, as well as the mental and physical health of all individuals involved.Search online for the best interests of the child and then your state to find the specific factors.
Step 10: Talk to a lawyer.
Custody determinations are important and complicated.There are persuasive evidence that judges will consider when deciding whether or not to modify custody.Some attorneys will provide limited services, such as document preparation, legal advice, or coaching for a flat fee, even if costs are a concern.If you are confused about how to proceed, you should seek the assistance of a lawyer.If you want to find an experienced, local family lawyer, you can search your yellow pages or use the internet.
Step 11: Find the appropriate court.
You will usually file your petition in the county where your child lives.If you live in a different county, this is true.
Step 12: Find the forms.
You have to file a petition with the court to modify custody.You should fill out the forms in your courthouse.Go to the courthouse or look at the website.
Step 13: You have to complete the forms.
Correctly and completely fill out the forms.Financial information may be requested, such as how much you make in a year and the cash value of life insurance or retirement accounts.You have plenty of time to fill out the forms.An online interview is required in some states.You will need to create a password and a usernames in order to access this program.
Step 14: The forms need to be notarized.
You may need to sign the forms in front of a Notary.Visit your state's Department of State website to find a notary.Many banks offer notary services for a fee.Courthouses provide other services as well.You have to show proof that you are who you claim to be.A driver's license, passport, or state-issued personal identification card are acceptable identification.
Step 15: You have to file the forms.
The original set of documents should be filed with the court clerk.You should keep copies of your records and mail them to the other parent.You may be asked to pay a fee.You should ask the clerk to stamp your copies.You can ask for a fee waiver if you can't pay the fee.If you can't pay, ask for it.The summons will be returned to you if the clerk signs it.
Step 16: You should serve the other parent.
Attach the summons to the documents for the other parent.You can pay the sheriff's office in your state to serve them.A private process server can be used to serve them.You can serve them with the help of a friend or relative who isn't involved in the case.The person needs to complete aProof of Service form as well.You can arrange for a friend to mail the papers registered or certified mail, return receipt requested, with delivery restricted to the other parent only.You can't serve the papers yourself.Ask the court clerk if you have any questions.
Step 17: Wait for the answer.
Your petition will be answered by the other parent.You need to get a copy.If you don't, ask the clerk if it's been received.
Step 18: Attend a hearing.
At the hearing, you will have to show why you think custody should be changed.You can introduce documents and present witnesses.You should have an attorney represent you in court.You will need a list of witnesses who can testify that it is in the best interest of the child to live with you, and you will have to prepare to testify.See How to Change Child Custody for more information.
Step 19: There are changes in circumstances.
Judges have the power to modify an existing child support order and set a lower amount than the state suggests.The judge wants to see evidence of changed circumstances: reduced earnings, increased expenses, etc.If you want to file a petition with the court, you should have recent pay stubs or other evidence of self-employed income.Evidence that your obligations have changed due to the birth of another child.If you have become disabled, you should have a medical record.You spend a certain amount of time with the child.
Step 20: You can file a petition to modify child support.
You will need to file a motion in court to modify your child support payments.The initial child support order needs to be filed in the court.The motion forms are pre-printed.You can ask the court clerk if they have a form.Do you need any more forms, such as a Financial Affidavit?You can find forms on this website.Use a form as a guide as you draft your own motion if your court doesn't have a pre-printed form.From the initial child support case, use the caption information.List the reasons why you want the court to reduce your child support.Go ahead and sign the motion.The other parent will be given notice.The sheriff can personally serve the papers on the other parent for a small fee.Ask the court clerk about the service.
Step 21: You should argue that you are paying extras.
You may argue in your motion that you have been paying more than the child support order requires.It is possible that you picked up all of your child's school tuition or medical insurance.You might be able to get the child support lowered if that's the case.Extras must be substantial.You can't just buy clothes or presents for your child.
Step 22: There is a change in financial circumstances.
Modification of child support can be justified if your financial conditions have changed.The change has to be permanent and substantial.You can't leave a high paying job for a lower paying one, or quit work altogether if you want to change your financial situation.The financial condition of the custodial parent should be mentioned.If the custodial parent's income has gone up a lot, you could ask for a reduction in your payments.Changes that would alter the child support order by 10% or more qualify as sufficiently substantial to warrant a petition.If at least three years have passed since the previous child support order, some states allow you to petition for a change.
Step 23: A joint request should be submitted to the court.
You could modify the payments if the other parent doesn't object.The court will always need to assure itself that the change is in the child's best interests if you agree to it.You can get the form.Special forms can be used for joint requests.The form may be called an "uncontested motion" or a "stipulation to modify a prior court order"You need to fill out and complete the Child Support Worksheet.There is a worksheet in every state.You can find your state on the internet.The initial child custody payments should have been filled out.
Step 24: You should attend the hearing.
The judge will need to determine if it is in the child's best interests to lower your child support payments.The points you want to make should be outlined in your argument.You will go first.There are witnesses and evidence that supports your argument that your child support payments should be lowered.The other parent will finish second.You may not have to attend a hearing if you and the other parent agreed to lower the support payments.The judge is free to refuse to lower your payments if he approves the agreement.
Step 25: There is consent to an adoption.
You can place your child for adoption or allow your spouse to adopt.You will no longer have to pay child support if you consent to an adoption.It will also end your parental rights.A step-parent adoption is the easiest to consent to.The other parent may want to become the child's legal parent if they marry someone else.You have to give your consent for a step-parent adoption.You can give consent in a signed affidavit, or you can go to court and tell the judge that you consent to the adoption.If you give up your parental rights, you also relinquish your right to direct the child's upbringing.The child's parents may allow you to see the child if they want, but you don't have a legal right to do that.
Step 26: There is a contest of parentage.
If you don't believe the child is yours, you may be able to avoid a support order.You have to do this immediately after the case starts.You will probably have to take a DNA test if you want to contest the father's identity.If you want to contest parentage, you should meet with a lawyer.If you don't know it, you can accept responsibility for a child.If you fail to object to your spouse's allegation that there are minor children, then the court may prevent you from denying that the child is yours.
Step 27: You should abandon your child.
Willful abandonment of a child for a period of six months to one year is grounds for the revocation of parental rights in some states.The child is in the care of the custodial parent if you are a non-custodial parent.If child support obligations are also terminated, you should check your state's statues.There are times when parental rights will be terminated but support obligations will remain.Check your state's website for statues.Many state websites give users a link to the state code on another website.The Internal Revenue Service has a State Links page.You can use your favorite search engine.You can find your state's code by searching at your favorite search engine.If you live in New York, you should search for your state's code.Abandoning a child is a risk.If they can find you, the state can still take your wages.If you don't pay child support, the court can put liens on your property, suspend your driver's license, or put you in prison.