However, the court understands that life situations can change and modification of the child support agreement allows one or both parties to ask for permanent or temporary changes to the original child support agreement. This arrangement allows you to continue to make payments on time, at a rate you can afford, until a court date can be arranged. The court will send you notice with the date of your court hearing.
If one parent has voluntarily chosen or been given a court order to pay all of the financial support for his or her child, another letter can be written. Process of Applying for Modification of Child Support. Dress professionally during your court hearing.
Name of Father Address of Father City, State, Zip Code DATE Name of Mother Address of Mother City, State, Zip Code RE: Child support payments for Name of Child, age 14 Dear Name of Mother, As directed by the court on … I have no expensive hobbies, habits or addictions. Digital Vision./Digital Vision/Getty Images. Payments will still need to be made during those months. Those debts never go away – even in a case where you declare bankruptcy, that debt is still owed until it’s paid in full. Even when I can't see {him/her} it has always been essential to me that I continue to provide for {him/her} financially. Legal Templates cannot and does not provide legal advice or legal representation. I have every intention of paying my debt, but am not able to make the usual payments at this time. I have shared care of the above named children for [number] days / month. Gambone holds a bachelor's degree in social work from Rutgers University and a law degree from Rutgers School of Law, where she graduated with honors in 2010. If your life circumstances have changed, you’ll still be responsible for making child support payments at the previously agreed upon amount in a timely manner. I request to pay AMOUNT starting on DATE and beginning the normal payments on DATE. I need only {suspend, reduce, eliminate} my child support until I can get back on my feet. At the time when the initial child support agreement is ordered, each party’s life situation is considered when deciding the monthly amount of payment.
You will also still owe the payments if you fall behind. Yours faithfully, [your signature] [your name] 3. Child Support Modification 3. You can petition for modified support if you believe the change would be greater than $50 or 15%.
There are a number of different reasons that you might need a modification of child support. Remember, that in order to be official and enforceable, the actual modification of child support needs to be agreed to by the court that ordered your original child support payments. This is usually referred to as filing a motion to modify child support. The penalties may vary from state to state, but some common consequences include the following: It’s important that you pay attention to the laws in your specific state because they do vary somewhat on issues of child support and modification. Respected Honorable Judge ____ ___, If you pay or receive child support and want to assess the situation, you can use a Child Support Review Letter as a request that helps you get a formal review. This process can vary slightly from state to state, but the general procedure is the same. You will need to bring all of your records to make certain the judge can see how exactly the circumstances have changed to merit a new order. Thank you for your time and consideration. Complete the motion forms. Those issues are dealt with separately in many states. In most states, you must show a significant change in circumstances before the court will let you lower your child support. Child support modification will also often not touch other issues.
When both parents can come to an amicable agreement about child support issues, they may want to draw up a modification of child support agreement. Here are a few of the top situations where a child support modification might be called for: The immediate consequence of not having a modification is that the initial order of child support will stay enforceable. Use our Child Support Modification form to update a child support agreement. Prove to the court that your ex's income has increased. Release of Liability Form (Waiver of Liability), Vacation Rental Short Term Lease Agreement, When a Child Support Modification is Needed. Copyright 2020 Legal Templates LLC. If your rent or utilities increased, save this paperwork and submit it to the court.
State your reason for requesting a reduction.
In your paperwork, explain that you want to lower your child support payments and say why you think this is necessary. There is nothing I would like more than to know that my contributions continue to help my child, but I currently do not have a salary to draw from. I would like to begin this letter by expressly stating that caring for my {son/daughter} is my most important priority.
The judge will decide based on the records presented whether or not to grant the child support modification order. The sample child support modification below details an agreement between parents ‘Barry Nolan’ and ‘Diana Wang.’ The two parents agree to an adjustment in child support payments and details how costs from child rearing will be distributed between the two. It is better to provide too much information than to provide too little information. If you recently lost your job or took a pay cut, tell the court. Attached are my financial statements and the aforementioned letter. Once you go in front of the judge, you’ll need to provide evidence that there has been a significant shift in circumstances which warrants a change in the child support agreement. Since this is a financial motion, you usually have to submit proof of your income. The state of Illinois places a three-year standard period on modification because they believe that life situations can change significantly in that period for a child and parents.
To protect your interests, you should not reduce your child support payments without formally involving the court; an informal agreement … Judges rule more favorably when motion paperwork is clear and easy to understand. If you have copies of your ex's paystubs or a letter from your ex's new employer confirming she works there, provide this to the court.