Can a lawyer help lower child support? Discover how family law attorneys can assist with child support modifications based on financial changes or exceptional circumstances.
Child support payments are a crucial means of ensuring that children receive the financial support they need to thrive.
However, circumstances can change, and a parent may find themselves struggling to make their child support payments.
Child support can be a significant financial burden, especially if the paying parent has experienced a decrease in income or other financial difficulties.
In such cases, “Can a lawyer help lower child support?” will be the next in line to consider.
What Is Child Support?
Child support is the money one parent pays to the custodial parent (the parent with physical custody of the child) for the child’s care and expenses.
The judge sets the child support payment amount at the child support hearing. The co-parents can also agree on the amount in a custody agreement.
People usually pay this money monthly.
Child support covers the basic needs of the child, including:
- Childcare
- Health insurance and medical care
- Education expenses
- Extracurricular activities
Once a court orders child support, a parent may apply for a modification of child support if the situation changes, such as when a parent loses their job or experiences a significant change in their financial circumstances.
What are the Reasons for Child Support Modification?
Like every other court case, child support payments will vary based on your family’s circumstances and lifestyle.
There are plenty of other reasons why a child support payment can be modified, like:
- The child’s needs have changed (medical, special needs, accommodation)
- A parent secures a new job or qualification that results in a higher income
- The involuntary loss of a job or income
- A parent has a new child and needs to care for them as well
- A change in the custody agreement for visitation
- A parent becomes incarcerated, ill, or disabled
It comes down to what you can verify and clearly explain in front of a judge.
Most cases are easy to demonstrate because the need is clear, and the parent has the evidence to back up their assertion.
It includes COLA (cost of living adjustment). If the established economic indicators show a reduction in need, you may be able to lower your payment.
Ways a Lawyer Can Assist in Decreasing Child Support Payments
1. Request for a Modification of Child Support Order
Suppose you are experiencing a significant change in financial circumstances, such as a job loss or a decrease in income.
In that case, you may be able to request a modification of your child support order.
A modification is a change to the existing child support order that reflects your new financial situation.
A lawyer can help you file a motion for modification with the court, requiring you to provide evidence of your changed circumstances, such as pay stubs or tax returns.
2. Negotiate with the Other Parent
If you and the other parent of your child have a good relationship, you may be able to negotiate a lower child support payment without involving the court.
A family lawyer can help you prepare a proposal to present to the other parents that outlines the reasons for the decrease in payments and suggests a new amount.
If the other parent agrees to the proposal, a lawyer can help you draft a new agreement that reflects the changes.
3. Challenge the Child Support Calculation
If you believe that the child support calculation is incorrect, you may be able to challenge it with the help of a lawyer.
Courts typically calculate child support using a formula that considers the income of both parents, the number of children, and other factors.
Suppose there are errors in the calculation, such as incorrect income information or an incorrect number of children. In that case, a lawyer can help you challenge the calculation and potentially reduce your child support payments.
4. Prove a Change in Circumstances
In some cases, you can decrease your child support payments by proving that circumstances have substantially changed since the court issued the original child support order.
This method may involve changes in the child’s needs, such as a new medical condition or a change in living arrangements.
A lawyer can help you gather evidence to support your claim and present it to the court.
5. Advocating for a Deviation from the Standard Child Support Guidelines
In some cases, the standard guidelines may not accurately reflect the child’s needs or the parents’ financial situation.
A lawyer can help argue for a deviation from the guidelines by presenting evidence of the child’s needs or the unique circumstances of the parents.
This medium may include evidence of extraordinary expenses, such as medical costs or educational expenses, or other factors that may warrant a deviation from the standard guidelines.
By advocating for a deviation, a lawyer can help ensure that child support payments are fair and equitable, while still meeting the child’s needs.
Why Do I Need a Child Support Attorney?
Hiring a local attorney may seem like an unnecessary expense. But the cost is usually worth it when it comes to child support cases.
It will save you a considerable amount of time and effort, especially if the case is already in court.
Here are some reasons why you would want to hire a child support attorney:
- If you have a complicated case, a lawyer may be necessary
- The other parent may have a lawyer
- A lawyer will help calculate the amount of child support
- A lawyer will help you gather the correct documentation
- A lawyer may also help with your child custody case
- Child support modification is easier with a lawyer
- They can also help you provide the necessary documentation to assist the judge in understanding your modification request.
Issues to Consider for Your Child Support Case
You should consider the following before you decide to hire a lawyer:
- Has the paternity of the father been proven?
- Is there a custody case pending before the court?
- Can you and your previous partner agree on the child support terms?
- After the court order, do you have a way to enforce child support?
- Will the child support obligations end soon? Is your child almost 18 or about to graduate from high school?
- Will the child support affect your finances? Your tax return?
- What is the amount of child support you expect to get?
How Much Does a Child Support Attorney Cost?
A child support attorney may charge you a flat fee, or they may charge you on an hourly basis.
Some attorneys may also ask for a retainer fee for their services.
The amount you must pay will depend on the attorney’s experience and how complicated your case is.
Please note that there are additional fees that you will need to pay.
These fees are payments associated with your case, including court fees.
Conclusion
Yes, a lawyer can help lower child support by guiding you through the legal process, presenting evidence of financial changes, and filing the necessary paperwork for a modification of support.
They can also represent you in court to ensure the court reasonably considers your case.
Working with an experienced family attorney increases your chances of achieving a reasonable adjustment that reflects your current situation.
