When there have been changes in your financial situation, you are probably already aware that you can go back and modify your order. In many cases, this is done when you receive a new job and have a completely different salary. Sometimes, a modification is requested because you have a decrease in pay and can’t keep up with payments any longer. However, you must qualify for what is called a “substantial change in circumstances.” But what happens if you lose your job altogether and can’t pay anymore?
What Options You Have
When you come into debt for many situations in life, bankruptcy and discharge may be the two common options you run to. However, in cases of child support, you can’t rely on these options. Unfortunately, two of the only choices you have is speaking to the court and negotiating a temporary reduction in payments or asking the court to modify the payments themselves. If you can negotiate these changes with the custodial parent, typically the process is made much more simple.
In many of these cases, you may find that it is easy to disagree, however, and feel as if there are no other options left. The court will be faced with huge decisions like determining if there was a big enough material change in circumstances to actually change the child support payments. You as the non-custodial parent have the burden of proving that your financial situation has changed so drastically that the court should reconsider your payments.
As you may find, it is quite difficult to be convincing in these cases. In many cases, there will be concern over who will be able to support the children if one parent is unable to make the payments they were previously. In the end, the court focuses on the well-being of the child and will typically not want to budge on support payments. Family law matters are never easy, which is why you should have an attorney on your side for cases of every kind. Call us at The Law Offices of Amy M. Montes.
