Child support is intended to provide children with the financial support necessary to thrive. Unfortunately, the system is not without its faults, assigning penalties even in cases when someone literally cannot afford to pay. If you are paying too much child support and cannot afford it, you have legal options to rectify the situation.
We often hear about parents who refuse to pay child support, often referred to as “deadbeats,” but not everyone who fails to make their child support payments is a deadbeat, withholding vital funds for their children out of neglect or misplaced spite. In fact, most parents fail to pay child support because they simply cannot afford the premiums.
What to Do?
Contact the Child Support Enforcement Office in the state where your child support order was issued. It would also be wise to consult a skilled family law attorney who will be able to file a formal motion requesting a modification due to your changed financial circumstances. He or she will be able to help ensure all the paperwork is filed accurately and properly.
Your child support order was determined through your income and financial reports that were provided at the time. However, circumstances often change, which can affect your ability to pay child support. Remember that it is best to request a modification due to changes in your financial situation than it is to straight-up fail to make your payments.
What Qualifies as a Change in Circumstances?
You can request a modification to your child support order due to changed circumstances. Here are a few examples of circumstances that warrant a change:
- Changes in income
- Loss of work
- Medical expenses
It is also important to note that the receiving parent might also be able to request a modification if additional costs associated with a child’s upbringing arise as he or she grows up.
Never rely on or enter into a non-binding oral agreement with your ex. This would not be recognized by the court and, if a dispute arose, you could end up being penalized and owing more money. It is in your best interests to have the order formally modified by the court.
Louisville Family Law Attorney
If you believe you are paying too much child support, contact Louis P. Winner today. He will be able to carefully guide you through Kentucky child support guidelines and assist in preparing required documents and information for the court’s consideration.
For more information regarding Kentucky state child support guidelines and how to prepare your case, reach out to Louisville attorney Louis P. Winner today.
Call our office at (502) 812-1889 for the advice you need.