Re: Modification of Agreement to pay more than child suppport guideline required

The court always retains jurisdiction to modify child support if there is a "material change of circumstance." A decrease in the father's income would be a material change of circumstance, and on that basis the father can certainly file for a decrease. Whether he will get it or not depends on a number of circumstances, including the language of the original agreement, the extent of the decrease in income, and the reason for the decrease in his income. If the original higher-

than-required child support was in compensation for some other property consideration, such as transfer to the father of the mother's interest in a home or other property, a decrease may be difficult to get. If the decrease in income is the result of a voluntary act of the father and appears to be what the law calls "voluntary impoverishment," he will most likely not succeed in reducing the child support. As for the substantial assets, it may make a difference whether those assets are income-producing, or potentially income-producing. If I were the lawyer for the mother, I would argue against a decrease in child support if I could find any evidence that the father is deliberately earning less than he could be earning. If I were the father's lawyer, I would advise him to get together all the evidence he might have that the decrease in income is not the result of his voluntary act, and particularly that it is not the result of a deliberate attempt to avoid the child support he had agreed to.

There are probably a lot of other circumstances which could have an effect on the father's success or failure. Unfortunately, child support is a very difficult and sometimes complicated matter.

Re: Modification of Agreement to pay more than child suppport guideline required

The key here is what the courts refer to as a material

change in circumstances. That's what justifies a

modification in child support. The fact that you

agreed to a higher than called for amount actually

works against you to some extent, but if you are making

substantially less than you were when you made the agreement,

there is a chance that you could get the amount owed

reduced. It's worth calling a lawyer to disucss.