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..forced to pay child support. I can barely afford food anymore and I’m fixing to lose my home.
Q) I have court ordered 50/50 custody of my 3 children and I am forced to pay child support and maintain health insurance. I don’t have a problem with maintaining health insurance but child support with 50/50 custody of my children is completely absurd. I can barely afford food anymore and I’m fixing to lose my home. I’m very behind on all bills now and even had my electric shut off 3 times in the last year. How can this be changed?
A) Process of changing Child Support Order:
To ask the Probate and Family Court to modify a child support order:
Go into the court that made the child support order.
Fill out a Complaint for Modification form.
Take the form to the court Clerk.
Serve the Complaint and Summons.
Make “return of service”.
Schedule a court date for the hearing.
Keep in mind that once a child support order or agreement is in place, the payment amount may be increased or decreased under certain circumstances. If a parent’s earning ability or a child’s financial needs have changed – that could conceivably be enough to trigger a modification.
You will need to provide evidence of your reduction of income in order for the judge to modify your child support obligation. The best evidence is the most recent tax returns and recent pay stubs. After the court orders a specific child support amount, it is often the case that one parent may seek to modify the child support agreement. However, a parent seeking child support modification will need to prove a change of circumstances.
Steps To ask for a court hearing to change your existing child support order:
Fill out your court forms.
Have your forms reviewed.
Make at least 2 copies of all your forms.
File your forms with the court clerk.
Get your court date.
Serve your papers on the other parent (and the LCSA if involved)
File your proof of service.