How Can I Pay Less Child Support?

Hello and welcome to 60 seconds with Sergio.

I’m your host, Sergio Cabanas, Attorney-at-Law here in South Florida. Thank you for joining me today.

Today’s question is,

“Sergio, I’ve already been through a divorce or a paternity action and I’ve been ordered to pay a certain amount in child support. However, things in life change and now I have a reduction in income and I find that it’s very difficult for me to keep up with these payments.
What should I do?”

Well, there is a remedy in court and that remedy is a reduction in child support and in some cases it can be eliminated. But we have to show what courts call a “Change of Circumstances” But it can’t be just a small change of circumstances. The courts require there would be a substantial, unforeseen, and perhaps permanent change of circumstances. So we have to show that something big has happened.

For example, you may have almost all of the timeshare of the child or children whatever the case may be, or you suffered a reduction in income, you got laid off, uhm, fired. Something may have happened to change your income. Maybe you retired. So, these changes can substantiate a reduction in child support.What that would entailis us filing a motion for modification of child support, and we have to show the court that there’s been a reduction in your income and prove up these changes in circumstances.

And in most cases, the court will allow the change of circumstances depending on the circumstances of course. So I hope this short video provided you at least some guidance over a complicated area of the law. Of course, there’s no substitute for an actual consultation with an attorney who can sit down and review the specifics of your case

Thank you again for joining me.

As always, stay informed, so you could stay strong.