according to income guidelines, I was ordered to pay xamount. I
offered to pay more. Can I go back and get it lowered to what the
guidelines say I should have paid?
2006-06-20 09:44:58 · 10 answers · asked by pegg b 1 in Politics & Government ➔ Law & Ethics
It depends on the law of the state the order was made in. In some states an order that is not guideline can be modified to guideline without having to show a change of circumstances. In some states you do not have to show a change of circumstances to change a stipulated order. In other states, you would have to show a change of circumstances. Those do not always have to be an actual change from the prior situation. When I was in practice, I had success in claiming that an expected event had not happened. For example, the offer to pay more was based on an expectation of a future raise, that did not materialize, or was in expectation of more visitation than you actually have been able to exercise.
Best advice is to consult with an attorney who practices locally and would be able to advise you as to the state law and the local court's practice.
2006-06-20 19:49:41 · answer #1 · answered by shoshidad 5 · 1⤊ 0⤋
If there is a change in circumstances where you are no longer able to pay what you've been paying, you can complete a form asking for a variance on the child support order to be lowered to your new income level. These forms are usually accompanied by a financial statement, tax returns and/or other proof of income and a sworn statement attesting to the nature of the changed circumstances.
2006-06-20 17:10:48 · answer #2 · answered by Angela B 4 · 0⤊ 0⤋
Better call a lawyer. Some of them will do free consultations. Look in the Yellow Pages or some other phone directory. Call several to get varied opinions.
Most judges do not like to lower the amount unless your income level has decreased or your ex-spouse's has increased.
If there are circumstances where you need to lower it though, such as the birth of another child or a financial hardship, I'm sure it can be arranged. Just don't go it alone.
Good luck!
2006-06-20 17:03:32 · answer #3 · answered by OceanGirl99 2 · 0⤊ 0⤋
You can go back and get it lowered to the baseline amount and then you still have the option to do more for your child without it being written in stone so to speak. For instance you can use the money to buy the child toys,clothes etc. or to meet some of your own needs in order to remain a good parent.Any money provided that doesn't go through the child support bureau is money not counted , just something to keep in mind.
2006-06-20 18:03:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It's possible, but you need the judge to sign off on it and he will need a good reason. If you are just upset with the ex, that probably won't work. If your financial situation has changed substantially it probably will work.
It also depends on whether you got something in the settlement for paying the extra support (more visitation, etc.). It's all up to the judge in your area..
2006-06-20 19:53:13 · answer #5 · answered by jgain 3 · 0⤊ 0⤋
If you signed an agreement to pay more than the legal guidelines good luck! Man men are jerks. All you care about is money. You should be happy to provide a good life for your child! Your a piece of crap.
2006-06-20 16:54:33 · answer #6 · answered by Questions&Answers 4 · 0⤊ 0⤋
Yes. You might need to show some "change of circumstance" justifying the need to reduce. Depends on the statute. The fact that you volunteered to pay extra initially should be considered as well.
2006-06-20 16:50:37 · answer #7 · answered by Mr. October 4 · 0⤊ 0⤋
Usually when they order child support they base your payments on your income and what you can afford. The lowest payment of support is usually reserved for those who can't make payments.
2006-06-20 16:48:32 · answer #8 · answered by houstonmom77064 3 · 0⤊ 0⤋
You can't recoup money that you have paid already but you can go to court and have a new order drawn up.
2006-06-20 16:47:34 · answer #9 · answered by jshepard17 5 · 0⤊ 0⤋
When you find one will you let me know please?
2006-06-20 16:50:48 · answer #10 · answered by Amelia E 2 · 0⤊ 0⤋