How Can I Pay Less Child Support?

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Oh no, I think I’m going to go to jail. I can’t pay all this crazy child support. What can I do? Hi, I’m Sergio Cabanas, Managing Attorney for the Divorce and Mediation Law Firm right here in South Florida. Today’s question is, Sergio, I’ve already been through a divorce or paternity case and I’ve been ordered to pay all of this child support, but things in life change.

And now I have a reduction in my income, and I find that it’s very difficult for me to keep up with all these crazy payments. What can I do? Well, as lawyers, we first start by reviewing the court order that requires you to pay the child support.

 

We want to make sure it’s properly generated, calculated, and legally enforceable.

If not, we We can actually request the court to invalidate it or modify or change it in some way. Now let’s assume the court order was properly made. It’s still possible to reduce, sometimes even eliminate child support if it’s done correctly through a modification in court. We’ll have to prove there’s a change of circumstances after the previous court order was entered.

It just can’t be a small change of circumstances.  After all, in life, everybody’s circumstances change just about every second of every day. The courts will require that there be a substantial, unforeseen, perhaps permanent change of circumstances.  Here are just a few examples. A medical disability that prevents you from working full time.

Your employer may have reduced your income. Or, your employer may have terminated your employment altogether. Your time sharing arrangement with your employer. Children has increased substantially. These are just a few of many examples that could justify a reduction in child support. It’s done on a case by case basis, depending on the facts and circumstances of each case, we will be required to file a petition for modification of child support.

And we would have to show the court that there’s been a reduction in the income and prove up these change of circumstances. If you find yourself in this situation, please contact an experienced attorney. This attorney will let you know what your chances are for achieving this modification. After all, you want to avoid investing your time, energy, and money into this modification.

In a pursuit of a legal action that you’re not likely to win. If you do have sufficient grounds for modification, you should have an attorney assist you because you only get one shot to modify for any given change of circumstances. If you make any mistakes, you may lose your chance of reducing your child support.

If you need help with a divorce or any other family law matter, and you live in the South Florida area, contact us today for your free case evaluation. I hope this short video provided you some guidance about this important topic of modifying your child supports right here in South Florida. Thank you again for joining me today and as always, stay informed so you can stay strong.

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Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580
https://cabanaslawfirm.com

Sergio Cabanas, Esq. | Family Law Attorney | Cabanas Law Firm
Author

Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.