Can I Modify My Child Support Payment?

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney