Can I request a child support modification? I have 3 children from a previous marriage. The dad has custody & we have shared responsibility. He had them one extra day so I was ordered to pay child support. I have been paying the same amount for 3 kids for over 10 years. Our oldest son is over 18, working & lives with me full time now. I am currently pregnant & being put on bed rest which qualifies me for short term disability at work. I will be out of work for about 6 months. I will only receive about 60% of my pay during that time. Based on there being one child that now lives with me & the reduction of my pay, would the courts consider a child support modification?
4 Answers from Attorneys
You can file for a modification based on a substantial change in circumstances. You are making less income and one of your children I assume one of your children has graduated from high school. Best wishes
You have described what sounds like a substantial change of circumstances. Income is a large part of support. Note that the court will examine your income as well as your ex's. Have an attorney review the current child support worksheet and assist with a Modification.
Natalie Hall, Esq.
As the other attorneys have said, it seems like you have grounds for a substantial change in circumstances.
Also, it is not clear to me from your question whether you are paying for the child who is living with you and is over 18. If you are, and if the child has graduated from high school or is not enrolled in an educational program, than you PROBABLY do not need to continue payments. If you owe past due support, or if a court order in your case says otherwise, than you should probably continue paying. Nothing can replace an in-person consultation with an attorney in these types of cases, so speak with someone who does family law in your area.
You have to file a petition with the court to adjust the support. Contact my office for free consultation 727-446-7659