I have been divorced for just over a year and pay two child support payments every month. My ex-wife has started taking our 5-year-old son to after-school care once a week and is asking me to pay half the cost monthly in addition to the child support. I can’t afford the extra cost.
My divorce papers only state that I owe a certain amount at a certain time and do not specify about where the money is supposed to go. I am wondering if it would be possible to modify my payments.
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
The general standard to modify child support is a “substantial change in circumstances.” Therefore, you must show that the facts on which the prior child support order was based upon differ from the present facts and the difference is enough to justify the court considering whether to modify the order.
A substantial change in circumstances can include a range of factors. If you have had a reduction in income that would result in your child support being modified by at least 20 percent, then you can bring a motion to modify the amount.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.