SO YOU WANT TO REDUCE YOUR CHILD SUPPORT OBLIGATION  !!!

          We all know finances are constantly changing.  Salaries go up and they go down.  Parents lose their job.  New jobs come along, but the pay may be reduced.  Income throughout a career is not necessarily on a constant upward trajectory.  Mental and physical disorders and diseases can impair the ability to earn.  As parents get older, it can become harder and harder for some to find decent paying work.  For the lucky parents, rxpertise and increased earning power come with age. For the not so lucky parents, suble age discrimination can render it nearly impossible for parents who are over fifty years of age to find stable employment.  Expenses go up and down too.  Children go to college.  Some go to public institutions and receive loans and scholarships.  Others undertake expensive private school educations.  The financial challenges are never ending.  And for that reason, a child support obligation that was fair and reasonable when entered may not be fair at all five or ten years down the road.  If you believe your child support obligation is not fair or reasonable and you are considering filing a modification and requesting a reduction here are some issues to consider.

1.  An order is an enforceable order until the court changes it.  You cannot decide on your own your order is too high.  If parents agree to a change, make sure it is in writing and filed with the Court pursuant to the Court's new rules for filing agreements for judgment.

2.  The Child Support Guidelines apply for children age 18 and younger living at home.  When your children are in college, the rules are different and a change may be appropriate.

3.  When a child or children are in college a support reduction may be appropriate; however, it is unlikely support will be completely terminated.

4.  The income of a parent's new spouse is not included in the guideline calculation; however, you want to make sure the Court is aware of the situation.

5.   Retroactive changes are rarely if ever allowed, though it never hurts to ask.

6.  Increases and deceases in the income of the parent receiving support generally do not affect support significantly.

7.  Increases and deceases in the income of the parent paying support generally do affect support significantly.

8.  If the parent of a college student houses the student during summer, spring and Christmas break support will in all likelihood continue, though it may be reduced.

9.  The newest version of the Guidelines provide for a more significant increase for additional children.  In the past support for one child was only 1-3 percent less than the support for 2 children.  That has changed.

10.  Increases in daily living expenses are not generally a grounds for reducing support. 

11.  In general, support is calculated using the Child Support Guidelines and the parent's expenses are not a factor in the formula.

12.  Identifying support as alimony and not child support can be a tax benefit to both parties.
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THIS ARTICLE DOES NOT CONSTITUTE LEGAL ADVICE AND CANNOT BE RELIED UPON.  IF YOU WANT LEGAL ADVICE CONCERNING YOUR PARTICULAR SITUATION, PLEASE CONTACT AN ATTORNEY.  IF YOU WANT TO DISCUSS THESE ISSUES IN MORE DETAIL OR SCHEDULE A CONSULTATION, YOU CAN CALL ME AT 508-655-1707 OR E-MAIL ME AT CSCHINDEL@SOUTHNATICKLAW.COM.