When you have a child support agreement in place, this might be based on the ability that you had to make child support payments at the time. However, your financial situation might change, and you may need to have your child support payments reduced, which means that you would then be allowed to make smaller payments. However, this is very difficult to accomplish, and you should not attempt this without first consulting with a family law attorney.

Voluntary Agreements

The easiest way to have your child support reduced is to enter into a voluntary agreement with your ex-spouse. Usually, if the other party consents to the new agreement, the court will approve it.

It's a good idea to speak with your ex about your current financial situation and the struggles you face trying to make child support payments. In some cases, it might actually be better for your ex if you are not forced into a state of economic hardship when you are allowed to make smaller child support payments.

If you are not able to reach a voluntary agreement, the court is unlikely to agree to a reduction in your child support payments. This is because the parent who has custody of a child tends to incur more expenses related to raising your child. Also, the judge will want to preserve the lifestyle that your child was accustomed to prior to the divorce.

Time Restrictions on Child Support Modification Requests

When you make a modification request, you will want to make sure that it is approved. This is because you will only be able to make one modification request within a period of time. This is so that the courts will not be overwhelmed with new requests for modifications. Therefore, a family attorney should help you draft your request for modification.

Valid Justifications for Having Child Support Obligations Modified

You must prove that you have suffered a reduction in your capacity to make child support payments through no fault of your own. For example, you will not be able to have your child support payments reduced if you have incurred gambling debts you need to pay off.

However, you may be able to have your child support payments reduced if you have lost a job or have suffered from a serious illness. You must also prove that you have been looking for a replacement job and have been trying to recover from the injury you have suffered. Then, you may be able to have your child support payments lowered.