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Modifying Child Support Payments
The law assigns high priority to child support payments ordered to be paid upon a divorce. When adults have a baby, they become legally responsible for the welfare of that child. That legal duty includes the economic support of the child until the age of 18.
Thus, child support payments cannot be discharged in bankruptcy. Back-due child support payments previously ordered by the court cannot be reduced or adjusted. Failing to make child support payments can result in the attachment of wages, loss of drivers’ license, liens on property, and punishment for being in contempt of court.
However, future child support payments can be reduced by filing a “motion to modify” in the state court’s family law department, particularly if it has been several years since the court issued its previous order. However, one’s situation must have changed “substantially and continuously,” which can include loss of job due to disability, added health insurance payments, unexpected educational expenses, the other parent earning more money, increased daycare and travel costs, decrease in visitation time, or decrease in income such that it “deviates substantially” (more than 15% in some states) from state child support guidelines.
The first step involves looking at the child support guidelines, so that one can compare income with current support payments. California provides a child support calculator for this purpose, requiring the user to enter all of their personal information. Support payments normally range from 20-50% of income. Child support guidelines also depend on the number of children supported.
One can file a motion to modify child support and self-represent in court, or a state representative can do it for you in some instances. Having a state representative file it is usually the cheapest option, although it can be slow.
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