What are the chances of me being able to get my child support lowered?

Question

She has custody and I pay child support but I have our child quite a bit more during the year than she does.

Answer 1

Without a change in custody through the courts, I would say not good. While this does not sound like a fair situation, the mere fact that the child spends more time with you does not legally entitle you to pay less support.

Child support is more about maintaining the lifestyle of the child based on the incomes of both parents. Who makes more, you or her? If she makes more, you may be able to get a change of legal custody and child support from her.

The link below involves Canadian law, but the logic and ideas could very well explain US family law approach.

Answer 2

For all those who think I never was in a position to be getting child support, I am. I just choose not to, if he wants to pay anything that is fine, I am fully capable of doing it myself. I will not beg or harass a man for money.There can be re- evaluations done, talk to a lawyer. I think child support laws are unfair myself. Our state, Ohio, is probably like all others, if a man falls behind he gets charged a fee higher than his child support payment was each month. It becomes a never ending battle, and I have known men who are still paying when their kids are almost 30. I have never understood why men never got a class action suit about this. You know all the money is going to the state not the kids.

Answer 3

If you aren't already, start making a journal of when you actually have your child. Write it down in a little notebook- include the date, time, nature of the visit (i.e.- regular visit, keeping the child if their mom is our of town, etc.).
If you have a relative or friend who is a witness to the visitation ask them if they'd be willing to sign off on it.
Keep receipts of everything you buy for when your child is there- clothes, school supplies, food, etc. Not sure how much weight this could have but...If you have old copies of energy bills showing an increase from the time that you didn't have your child as much to current when you're spending more time with them that might help.

Then take all of that to your attorney and tell him/her that you already get your child at least 50% of the time and you would like for a judge to hear the case and try to have it modified.

Answer 4

Tell the child support system or the judge that you want to see if by you having the child more would get you to lower the payment and if you pay for daycare put that on the table too, you might be surprised on what you can get or what she can get away with by you not saying anything.... good luck

Answer 5

My ex got his child support payments lower because of his decrease on his pay and because I gave more overnight stays with him and the kids.
You just have to go back to court. She probably won't like it much but if you have the kids more then you should get credit for that as a father.
Good luck!

Answer 6

You have the right at any point if either of your situations change to have your child support re-reviewed.

Answer 7

you'd probably have to go to court to prove more than 50% physical custody and have the judge change primary custody to you (very difficult yo do probably) - then you might be able to get it lowered - don't hold your breath, though

Answer 8

well, was the original decree based on a different living arrangement? If so, then depending on both of your incomes, there is a chance that you could get it lowered. You really need to talk to an attorney.

Answer 9

Ask for a modification, because the child spends more time with you. Document all time in/on a calander.

Answer 10

When you work it out, how much do you pay per day? Ask yourself will a judge believe, "Can a child live on that?"