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Mistakes Made When Requesting A Downward Child Support Modification

7 October 2020

Arthur Young

Are you struggling to make child support payments and wondering why your request to make a modification was denied by a judge? Here are a few common reasons why this can happen to you when making a request to lower child support payments. 

You Are Missing Important Documents

It's not enough to make a claim in front of a judge that your income is lower and that you are struggling to make payments. You need to have some sort of documentation that backs up what you are saying. Unfortunately, a history of missed payments is not enough. You'll need to supply proof such as a letter stating that your employment was terminated, that you've been furloughed, or pay stubs from a new job that show you make less money. 

You'll also need to fill out a domestic relations financial affidavit, which is the official form where you list all your sources of income and liabilities to get an accurate picture of what you are making after monthly expenses are taken care of. Forgetting to fill out the form or completing it incorrectly can lead to your request being rejected.

You Willingly Left Your Job

You must understand that a change in your financial situation may be out of your control. If you were fired or let go from your previous job then you should be in the clear. However, willingly leaving a job can cause a judge to deny your child support modification request. It's important to not quit your job unless you have a very clear reason as to why. Even if you decide to take a risk and start your own business, you still need to meet child support obligations while the business is starting out and if your income is not that great. 

You Fail To Provide Child Support When You Were Able To

A judge is going to look at the whole picture when you are requesting a modification. This includes your previous history of paying child support and where you have or have not met your obligation. If you have not been making any payments at all or have not given a portion of the child support that was owed, this can look bad on you for not providing any financial assistance. Continue to pay what you can as you are seeking out a child support modification because you want to be doing all that you can for your child. 

Contact a child support attorney for more information. 

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