Unemployed and Broke: How Can I Lower My Child Support?

By Molly Murphy

Attorney

Cordell & Cordell, P.C., Jefferson City, Mo., office

As we all know, the economy has been in a slump.  Many people have lost their jobs or seen their paycheck and hours cut.  Every client or potential client I meet with asks how much child alimony might be.

Most clients are horrified at how high child support can be even with their lowered income.  Many wonder how they can survive paying child support with not much left over for all of their bills.  It can be especially galling when the other parent seems to be buying new things all of the time.  (If this becomes a larger issue, ask your attorney about a Motion for Accounting of Child Support by the Custodial Parent).

So you want to know: How can I lower my child support?

In Missouri where I practice, child support is governed by statute, through something called a Form 14.  The Form 14 is based on each parties’ gross incomes.  It also takes into account if either party has other children, daycare expenses, health care expenses and a percentage credit for custody time, among other things.

The truth is that although judges are sympathetic to parents who cannot realistically pay their child support number, they cannot take it into account.  Family courts are governed by the standard that everything needs to be in the child’s best interests.  The child needs to have certain essentials, such as a home, utilities, and medical care.  The Form presumes that the parent who is earning less money will be receiving child support.  It is also assumed that the child needs to have its needs met.  If the custodial parent cannot provide for these needs by themselves, the other parent needs to pay child support to ensure these needs are met.

How is gross income determined with changing salaries or even with job changes?  Judges tend to look at the last three years of earned income.  And yes, judges can take your overtime into account.  If your overtime is not guaranteed, get a letter in writing from your supervisor.  This can help your case.  Judges tend to look at a parent who has had the same job over the last several years, even with changing incomes, to be proceeding forward or up, in their career.  Judges generally will review your newest income level and use that number on the chart.  They can also look at the last three years of income if the numbers are very different.  If you have changed jobs, and you make less than you made three years ago, the Judge will take those numbers and average them out.  This number will then be used as gross income.

Many people ask me if they can change their child support after only a few months.  I tell my clients to look into it after six months.  There has to be a change in circumstances that would lead a Judge to believe that child support be lowered.  I recommend my clients contact the State to see if they can help them change their child support amount before committing to litigation that can be costly and extended.

A growing trend in Missouri is also for parents to opt for no child support exchanged between the two of them.  One parent pays for daycare, and the other covers health insurance.  Getting to this agreement is sometimes a matter of necessity.

Margaret “Molly” P. Murphy is an Associate Attorney in the Arnold, Missouri office of Cordell & Cordell, P.C. where she practices exclusively in the area of domestic relations. Ms. Murphy is admitted to practice law in the state of Missouri. Ms. Murphy was born and raised in St. Louis. She received her B.A. in Political Science and English Language and Literature in 1998 from the University of Tulsa where she graduated magna cum laude. Ms. Murphy received her Juris Doctor from the University of Missouri-Columbia in 2001.

Comments (13)

Child support
written by Paul Jaramillo, December 17, 2010

My child support was set at a certain amount because I was not working. I still am not working but have been actively seeking a job. My unemployment was just cut by $140.00. I am in arreers because I have been cut off teporarily due to a mistake on unemployment part. I am not going to have any money left over after paying my bills. Is there any way to lower this? In addition my daughter will be 18 in February and my son was sent out of state by my ex to a resedential school. Meanwhile I have been paying a full year for him with no out of pocket expence from her.What can I do about this?

• 
• +9
• 
• 

Don't know what to do
written by Dameon, October 20, 2011

I was just resently layed off, I have two kids one of them I am paying child support for. I was told buy the unemployment office that I am only getting 535.00 every two weeks of that I pay 261.00 every two weeks witch leave's me a mir 274.00. I don't know what to do with me making just over 500 dallors a month I don't know what to do, I berly have the money to make the rent I can't pay bills or even do my part to help out with my other child can you help me?

• 
• +5
• 
• 

Modify Child Support
written by DadsDivorce admin, October 20, 2011

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am licensed to practice.

While I do not know all of the facts of your case, it appears that you may have sufficient grounds to seek a modification of your existing child support amount.

In Missouri (where I practice), the provisions of any judgment respecting child support may be modified only upon a showing of changed circumstances so substantial and continuing as to make its terms unreasonable.

In a proceeding for modifying child support, the court, in determining whether or not a substantial change in circumstances has occurred, considers all financial resources of both parties, including their respective incomes (if any) and expenses.

In addition, a court considering a modification of child support also examines several other factors, including but not limited to, the financial needs of the child as well as their physical and educational needs, etc.

If the monetary change in your salary is significant, then a court would certainly take that into consideration when determining an appropriate modification amount for your child support payments.

In terms of the legal steps necessary to modify child support, I recommend that you consult a mens divorce attorney in your jurisdiction.

Cordell & Cordell has offices located nationwide: http://www.cordellcordell.com/offices

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, an associate attorney in the St. Louis office, contact Cordell & Cordell Law Firm.

• 
• +0
• 
• 

CHild Support and Custody
written by Bryan Reaves, October 24, 2011

I am looking to get my Child support dropped and Joint Legal and Physical custody. I have my children 50% of the time just an agreement between me and her( what kind of documents can I get to show that?) We have never been to court, the child support was done threw the mail but I was young and dumb at the time and didn't know what to do. I've strighten some things out in my life and I just want a fair situation and everything split right down the middle on paper so she can't make all the decisions like she been doing?

• 
• +2
• 
• 

Custody and Child Support Modification
written by DadsDivorce admin, October 24, 2011

It's not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. A party seeking to modify his decree must show a substantial and continuing change of circumstances. Those circumstances may include dramatic changes in income, relocation to another state, or problems relating to the proper care of his minor children.

Cordell & Cordell will ensure that, to the extent possible, our clients' goals are achieved in light of the new circumstances while preserving those rights provided for in prior decrees.


Change of Circumstances and Modification

Custody terms are binding, but they are not set in stone; it is possible to have them changed. In most states, the court order for a change is called a "modification." Technically, you can pursue a modification at any time after the last order.

But remember that the party seeking the change (the "movant") generally must show that a "substantial change of circumstances" has occurred since the entry of the original order.

Even if the court agrees that a modification is in order, it will not approve one without a substantial change. It would make no sense to permit one or both parties to subject the judicial system, the other party, or the children to a repetition of the first trial without evidence of significant new developments.

So, as a practical matter, motions filed within six months of your divorce are suspect at best. In fact, in some states the burden of proof is expressly greater if you file a motion to modify within one year of divorce.




Preparing for Modification

Once a reasonable amount of time has passed, virtually all issues relating to your children, both custodial and financial, are subject to modification. The court must have a means of dealing with changes in circumstances.

Your behavior during the waiting period will be crucial to your chances for modification. Essentially, you should strive to be a model father, taking active, helpful interest in all aspects of rearing your children. If you are late with support payments or skip designated time with your children, you will damage your cause. Let your past actions make the case for future modifications.




Justifying Modification

Your model behavior will greatly enhance your case for modification. This is especially true if the mother of your children has not held herself to such high standards.

Bear in mind that your good behavior should include a sincere attempt to resolve any dispute or grievance amicably by correspondence, if possible, so you have a written record. Do not plunge into court with comparatively minor or premature complaints. The courts' sympathies may lie on the other side of the courtroom if you otherwise appear to be reactionary.

If the amicable approach hasn't worked, then a petition to modify may well be in order. In fact, unless an overriding health or safety issue exists, pause only long enough to ensure that a solid record of the violations exists. With this evidence in hand, you can make a strong case for modification.

• 
• +0
• 
• 

SICK AND TIRED
written by TERRY D DAVIS SR., November 10, 2011

I am 46 yrs.old and I have 10 children one of the children is my stepchild but my responsibility to him was the same as a father.All children are older then 18 except one and he lives with me and my wife(mom).I pay child support on eight children it is wage assigned.My problem is,I can only have 55% of my pay deducted and I pay the difference which is no problem to do.About every six month I am called into court for contempt and each time my support has increased.Since my divorce in 1987 with my first wife has doubled my child support and I still pay support on seven children.And this child is 26 yrs.old and married with two children, everytime I go to court I have to pay attorney fees and loose to from work.Again paying is no problem but but the difference that I pay on one leaves me nothing for the other children or my own home.Oh I have an awesome wife who has help raise and provide an great life for all.Please give me some direction.

• 
• +1
• 
• 

Lowering Child Support
written by anonymous, November 14, 2011

I have a a child with my ex-girlfriend. We had a court date and in the mean time I moved and didn't get the papers of the court date. My ex was suppose to let me know when it was and never did, so therefore i missed my court date. At the time I didn't have a job I had graduated from college 3 months before my court date. The judge set my child support at $891.00 a month, stating that i had a degree and should be making $22.00 an hour. I now have a job but i don't make anywhere close to $22.00 an hour. My ex and I agree to me putting my daughter on my insurance and paying her daycare. If we come to this agreement and write it up what steps would i need to take to get everything changed. My child support was set in April. Would both of us have to pay for a lawyer to get everything changed to the agreement we have?

• 
• +1
• 
• 

family Court
written by Antonio.O, December 04, 2011

I'm currently paying 545 a month for one kid and health insurance I've been denied visitation since march 2011. My son is 4 in all I probably saw him no more than 100 times in 50 months. Im looking to get 50/50 legal and physical th-Sunday visitation weekly. I will carry health insurance , eye and dental and pay half of day care and of course no child support. is this obtainable?

• 
• +0
• 
• 

Divorce decree modification
written by mallen, December 05, 2011

@Antonio...Modification of Divorce Decrees

It's not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. A party seeking to modify his decree must show a substantial and continuing change of circumstances. Those circumstances may include dramatic changes in income, relocation to another state, or problems relating to the proper care of his minor children.

Cordell & Cordell will ensure that, to the extent possible, our clients' goals are achieved in light of the new circumstances while preserving those rights provided for in prior decrees.


Change of Circumstances and Modification

Custody terms are binding, but they are not set in stone; it is possible to have them changed. In most states, the court order for a change is called a "modification." Technically, you can pursue a modification at any time after the last order.

But remember that the party seeking the change (the "movant") generally must show that a "substantial change of circumstances" has occurred since the entry of the original order.

Even if the court agrees that a modification is in order, it will not approve one without a substantial change. It would make no sense to permit one or both parties to subject the judicial system, the other party, or the children to a repetition of the first trial without evidence of significant new developments.

So, as a practical matter, motions filed within six months of your divorce are suspect at best. In fact, in some states the burden of proof is expressly greater if you file a motion to modify within one year of divorce.




Preparing for Modification

Once a reasonable amount of time has passed, virtually all issues relating to your children, both custodial and financial, are subject to modification. The court must have a means of dealing with changes in circumstances.

Your behavior during the waiting period will be crucial to your chances for modification. Essentially, you should strive to be a model father, taking active, helpful interest in all aspects of rearing your children. If you are late with support payments or skip designated time with your children, you will damage your cause. Let your past actions make the case for future modifications.




Justifying Modification

Your model behavior will greatly enhance your case for modification. This is especially true if the mother of your children has not held herself to such high standards.

Bear in mind that your good behavior should include a sincere attempt to resolve any dispute or grievance amicably by correspondence, if possible, so you have a written record. Do not plunge into court with comparatively minor or premature complaints. The courts' sympathies may lie on the other side of the courtroom if you otherwise appear to be reactionary.

If the amicable approach hasn't worked, then a petition to modify may well be in order. In fact, unless an overriding health or safety issue exists, pause only long enough to ensure that a solid record of the violations exists. With this evidence in hand, you can make a strong case for modification.

• 
• +0
• 
• 

Ms.
written by Janet Ellington, December 23, 2011

My boyfriend is on disability and has 2 children he is paying more than half of his income to support. One is over 18, but that is for arrears. The other child that a supposed dna test says is his, DHS is unable to locate. This party got his back pay from when he got his disability. What can be done to modify his child support and rectify the situation with the other child since they cannot be located?

• 
• +0
• 
• 

Lowering child support due to illness.
written by Jeff Norship, January 05, 2012

I have an 18 yr. old daughter in MO. I reside in the UP of MI. I am 42 yrs. old and suffering from congestive heart failure. My income for last year was $16K gross, $3K after taxes. My child support payment is about $440 mo. My doctors have certified me as 100% disabled but I have not signed up for Social Security disability. I try to earn as much money as possible by doing whatever I can - however, I cannot pay the current monthly amount. Am I eligible to apply for a reduction and who do I contact? Also, the State of MO has never advised me that I must pay beyond the age of 18. Should't the State be obligated to tell you of the child support requirements. I assumed that at age 18 I was through with my obligation, as that is the case in most states. Can you please tell me where to go for help - I cannot afford an attorney.

• 
• +0
• 
• 

Missouri child support laws
written by DadsDivorce admin, January 06, 2012

@Jeff....If you have trouble paying child support, do not wait! Consider these options:

Motion to Reduce Child Support: If you cannot pay the current amount, consider filing a motion to reduce it. The standards and procedural requirements vary by state, but, in general, parents who genuinely cannot afford to pay (e.g., have lost a job or have significant student debt) will receive a reduced amount or a long-term payment plan. Contact an attorney in your area for information about the rules applicable to you.

Three Year Support Review: By federal law since 1996, states receiving federal assistance must review child support orders every three years. Support payors and payees have a “one time pass” every three years to ask the court to review their current child support order. All they need to do is send a letter to the court to request it. Contact the court or child support administrator for your case to find out how your jurisdiction conducts the reviews.

If you cannot afford an attorney, contact the State to see if they can help them change their child support amount before committing to litigation that can be costly and extended. Or contact the Missouri Bar Association for help locating low- or no-cost legal services near you.

Child support must be paid until a child emancipates. This may not occur until the age of 21 so long as the child attends a school of post-secondary education and follows specific requirements as set forth in Section 452.340. In some cases where a child is physically or mentally incapacitated, the court may extend a support obligation past the age of 21.

Missouri Child Support Laws: http://www.dadsdivorce.com/com...ticle/313/

• 
• +0
• 
• 

Advice needed
written by James Gooden, January 20, 2012

Hello. I am currently in a dilemma and in need of advice on what to do. When I initially agreed to the divorce, my ex-wife immediately wanted to file custody paperwork. We have "shared joint" custody, and my son is with me a considerable amount of time. (every weekend beginning on Thursday) Because my ex-wife works from home, I felt it logical that she be the primary; however, because she is the primary, I am obligated to pay child support. When the calculation was performed, it did not put into account her salary. Is this correct?

• 
• +0
• 
•