Can You Contest The Child Support Amount?

child supportQuestion:

I have been unable to pay my child support for three months due to unemployment and they are threatening to take away my license.

They are saying that if I pay the full amount now I can keep my license but I have to sign a paper saying I agree to pay support every month.

Does this mean that I can never contest the amount I have to pay?

Answer:

I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information regarding your situation.

Virginia Beach divorce attorney Jonah Dickey
Virginia Beach divorce attorney Jonah Dickey

Although the rules and procedures regarding child support are very state specific, most states permit the courts to modify and/or consider child support modification based on a substantial change in circumstance like the obligator being laid off due to no fault of his or her own. In Virginia where I practice, loss of income is one of the main factors that the courts will consider on a petition or motion to reduce child support.

That being said, in Virginia the modification only goes back to the date that the motion or petition was filed with the court. Therefore if a party waits too long to file after a major loss of income he or she will also have to deal with large amounts of arrearages owed from the time that the party could not afford to pay the ordered amount.

It is always best to seek out the counsel of a licensed attorney in your area as soon as possible after a change takes place that prevents you from keeping up with your child support payments to find out what your best options are.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Jonah Dickey, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

2 comments on “Can You Contest The Child Support Amount?

    To the person who posted the original question about losing a license. Try getting an occupational license if your original license is taken from you. Pretty simple and straightforward filing with county court or district court. Requirements can be as simple as showing need and keeping a mileage log, use vehicle for work, school, grocery shopping and dr. Visits. Good luck. If in Texas, do not pay more than $250 for a lawyer to do for you.

    Juan

    I don’t have income from a job or savings at the moment , I am a veteran going to school and that’s the only money I have at all. Live in TN and since my daughter was born I have provided for her and my gf’s son so 4 years while my ex would never get a job because she would lose her food stamps , .. does any of that matter to the court’s ? Or will she still be able to do nothing and just take my money as normal ?

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