Steps For A Man To Get Child Support Modified

A man who is not living with his child, either after a divorce or because he and the mother were not married, may be ordered by the court to pay child support. Once a child support order is in place, a man is obligated to continue to pay unless he gets a modification child support order. Failure to pay child support without the court actually modifying the agreement could lead to legal problems.

Steps for a Man to Get Child Support Modified

If a father's financial situation changes, the child support he was ordered to pay may become difficult or impossible. In such cases, upon a father or custodial mother’s request, the Department of Revenue Child Support Division may go over your child support order. A review can be performed every 3 years. Simply contact your child support case worker to review your court order.

If your circumstances change and you want an immediate modification child support order, you have several other options as well. For example:

If there have been substantial changes in your circumstances that inhibit your from meeting the demands of child support, you can file a petition for modifying your child support.
If you have been recently laid off from your job, cannot find a job, or if you have become disabled, you may request a modification in child support. Do not expect the court to permanently terminate your child support but the judge may enforce a downward modification in the payment or a more lenient schedule that is more manageable for you.
You must be able to present proof of current income.

When you are ready to file a petition, you can seek a modification of child support order by filing your case in Family Court. Fill out the forms required, including a summons, and set a court date for the Complaint hearing. You will also have to fill out a financial statement form, a copy of which must be given to the mother.

Paternity

If you wish to cease your child support obligation altogether because you believe that you are not the real biological father of the child, request that a paternity test be taken. Even if your name is inscribed in the birth certificate of the child, you can generally request a paternity test by contacting the family court. The court can then order a paternity test in order prove or disprove your paternity. If the test results confirm that you are not the biological father, the court may end your child support obligation.

Getting Help

The best way to get a modification of child support is to consult with an experienced divorce or family law attorney who can help you understand whether modification is appropriate and what steps you must take to get such a modification.

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