Can I Fight Child Support Payments?

By Beverly Bird

The law is pretty straightforward when it comes to child support. If you’re a parent, you're legally obligated to support your child financially, whether you're married, separated or divorced. You must pay for her needs directly if you’re the custodial parent or make child support payments if you’re the noncustodial parent. Under some isolated circumstances, however, you might be able to convince the court to terminate or reduce your child support payment.

Ending Your Obligation

You can file a petition with the court to end your child support obligation if you have certain grounds – a legally supportable reason why support should not continue. If your child moves out of your ex’s home and into your house, your duty to pay support should end, and she would most likely have to pay you. Your child might move out of your ex’s home and into a relative’s home. In this case, you’d still owe child support, but to the relative whose home your child is living in. If your teenager leaves school and begins supporting herself in her own household, support would most likely end, but this can depend on state law. If you and your ex reconcile so you’re both living with your child again, support should stop.

The exact rules for filing a motion to terminate your support order will vary by state. If you think you have grounds, talk to legal aid or an attorney to make sure, even if you plan to file the motion yourself. You can usually get the forms you’ll need from your state’s judicial website or from the court clerk.

Reducing Your Support Obligation

You can’t fight child support just because you don’t want to or are unable to pay, but if your finances become excruciatingly tight, you can file a motion with the court to modify the amount of your payments. You’ll need provable grounds, just as you would to terminate support. The most obvious is that you’ve lost your job. Most states require that you prove you’ve done everything possible to secure other employment, but if you've honestly fallen on hard times and can’t find a new job, the court might agree to suspend your child support obligation temporarily, giving you a few months off until you can get on your feet again. Short of this, it might recalculate your support obligation based on income you receive from unemployment benefits or otherwise reduce your payments.

If you decide to file a motion for modification, do it sooner rather than later. The court can adjust your payments back to the date you file your paperwork and serve it on your ex, but no earlier than that. If you lose your job and you don't pay support or ask for a modification for six months, you’ll end up with six months’ worth of arrears at the old, higher amount, and judges typically aren't permitted to erase or vacate arrears.

Warning

Quitting your job so you don’t have to pay child support isn’t an option. In this case, courts can impute income to unemployed parents. The judge will base child support calculations on what you could earn if you worked, regardless of whether you’re actually earning the money.

Tip

You may not have to file a motion to modify your support obligation or lower it if it’s been at least three years since the court issued your order or since it was last changed. The laws in most states provide for adjustments every three years without requiring parents to prove a change of circumstances, such as job loss, in court. Contact your state’s child support services if you think you qualify for this type of administrative review.

About the Author

Beverly Bird has been writing professionally since 1983. She is the author of several novels including the bestselling "Comes the Rain" and "With Every Breath." Bird also has extensive experience as a paralegal, primarily in the areas of divorce and family law, bankruptcy and estate law. She covers many legal topics in her articles.