Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
About 7 years ago I was given a court order to pay child support. I was hit with 100% of paying the support because the child’s mom was not working. She has since remarried and moved out-of-state with her husband who works full-time. I have been repeatedly paying the cost of living increases and was wondering if I would have a case if I were to ask for my payment of $270 per week to be reduced since she has remarried and now has a source of income? I feel I was hit with paying all 100% on the paperwork that was used to determine the amount I was to pay because she did not have any income other then her welfare checks, but now she has married and moved from NJ to OH which has a lower cost of living I would assume. Please let me know if I would be wasting my time in court to try and do this. Thank you.
Under most state laws, a party can request for a child support modification if changed circumstances have occurred since the assignment of the current order. Change circumstances can consist of becoming unemployed, or experiencing a financial hardship due to medical bills. You should consult with a local attorney to determine the “changed circumstances” guidelines under your state law to see if you have a valid claim to request for a child support order modification.