If you are the parent paying child support and alimony in a divorce, making your payments on time every month is vital. While you may be separated from your spouse, your kid or children remain your financial responsibility, and the courts have numerous options for enforcing your child support obligations.
If you’ve decided you need to lower your payments, move swiftly. You should not wait to contact your ex-spouse or the courts until you are behind on your payments.
The amount you owe will not be reduced retroactively or eliminated if you declare bankruptcy. As soon as your circumstances change, start adjusting your payments.
However, remember that courts usually seldom approve retroactive changes; everything begins when the petition for modification is submitted.
If you are considering adjusting the amount of money you pay for child support, you can do it in several ways, as given by family lawyers. These ways include:
Change the payments through changed circumstances
You can change your payments in various ways, but the most common and least litigious one is to change your payments due to changed circumstances, which means that your situation has changed since the first child support and spousal support payments were established.
Some of the changes that can come about include:
Sometimes, the unexpected occurs, and you are let go from your employment. It could be due to workforce cuts or performance issues. If you are fired involuntarily, you can request that your payments be changed. The same is true if you receive a pay cut at work.
While this is the case, you should note that if you willingly left your employer, you cannot request amended remuneration. If you quit work for any reason, you must continue making the same monthly payments as if you were still employed.
As a result, if you are considering leaving your work, be sure you have enough savings to cover not only your living expenses while you are between employment but also your child support and maintenance payments.
Another reason you might consider changing your payments is disability. This situation is equally as bad as unemployment for everyone involved.
A sudden impairment can disrupt your life in a variety of ways, one of which is your capacity to afford your current support payments.
Whether your income is reduced due to an inability to work or rising rehabilitation expenditures, disability impacts your bottom line, and it is critical to have your support payments updated as soon as possible so that they do not build up on top of medical expenses.
You should note that when you’re injured or disabled, your divorce may not be at the top of your priority list, but if you don’t make it a priority, the courts will.
So, when you have a disability, move to the courts as soon as possible to make the necessary adjustments.
Decreasing your payments through custody
Your child support and maintenance payments are determined by more than just your income. The courts use the amount of parenting time you have with your children as one of the variables in calculating your payment amounts.
The more time you spend with your children, the less the amount of child support you pay.
This means that one way to reduce your child support and/or maintenance payments is to increase your parenting time, which can be doubly beneficial.
Create a new parenting schedule and discuss it with the custodial parent. If you can agree on more time spent with your children, you will be able to see them more frequently and ask for a change in your child support payments because you are directly accountable for them while they are at your home.
Also, if your adolescent child decides that he or she would like to live with you rather than the current custodial parent, you can file to alter your support payments based on the change in custody.
In most states, after your child turns 19, they are no longer considered a minor, and you are no longer required to pay child support to the custodial parent. If your child reaches 19 in the middle of his or her senior year of high school, the courts will most likely order you to continue payments until they graduate.
You should note that most states offer an exemption that extends child support payments to adult children with disabilities.
These disabilities can be physical or mental, but the logic is that these children are unable to sustain themselves, and, as a result, both parents must continue to provide financial support to their children.
If your child is of age and they are of sound mind and health, you should apply to stop paying child support, which will lessen your burden.
Decreasing your payments through mediation
If your circumstances are unique and not covered by the standard rules for altering your support payments, you can hire a mediator to assist you and your former spouse in reaching a mutually agreeable support payment.
Unless your divorce was exceedingly amicable, hiring a mediator to assist with the arrangements can help you navigate these options.
These experienced professionals can assist you and your ex navigate certain sensitive issues without developing into a conflict. Nevertheless, remember that a mediator’s goal is to reach an agreement. This means you should have an open mind when going into the meetings.
You should note that while mediators have formal training, they are not required to reach an equitable solution and are vulnerable to persuasion and strong personalities.
This means you will still need to advocate for your best interests, which child support lawyers Fairfax VA can do if you are uncomfortable doing it yourself.
When hiring an attorney, ensure they are highly experienced and know how to handle such cases expertly.