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How does an obligor parent get a Child Support modification or reduction?
GML929939
First, you need to know that the child support guidelines are not set in stone. There is a Rebuttable Presumption.
1988 Public Law Record
SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, "but need not be binding upon such judges or other officials;" and
(3) by adding at the end the following new paragraph:
(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."
Using a Rebuttable Presumption argument is not something that can easily be done Pro Se, so you will need to determine if the cost of an attorney to plead the case is going to run more than any savings from a reduction.
In ascertaining whether you have a possibility of an adjustment, based on a valid reduction of income, you might check your state's web site for a Child Support Calculator. A minimum of 20% change in the payment if considered a Change of Circumstance to warrant a filing. See link below.
If your state doesn't have a web site for this, You will need to get a copy of the Child Support Guidelines & Worksheet to do the calculations, and for the filing.
If you determine a need to for a modification, and you are current in your support, you can an official request for a modification at the Child Support Enforcement Officeunder the provisions of Public Law 12.
If there are arrears, contact the Clerk of the Court and request forms for filing for a modification Pro Se and follow the directions for filing.
NEVER pay your child support directly to the mother as it can be considered a gift and not Child Support. Always pay threw the court.
If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you'll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.
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Will it be worth getting a lawyer for child support if the non-custodial parent is unemployed?
Yes. The court will set a child support order using state guidelines and the obligor will need to pay over some amount from the unemployment earnings. When the obligor gains new employment the child support order will be in place and the custodial parent can return to court and request a modification to reflect the obligor's increase in earnings.Yes. The court will set a child support order using state guidelines and the obligor will need to pay over some amount from the unemployment earnings. When the obligor gains new employment the child support order will be in place and the custodial parent can return to court and request a modification to reflect the obligor's increase in earnings.Yes. The court will set a child support order using state guidelines and the obligor will need to pay over some amount from the unemployment earnings. When the obligor gains new employment the child support order will be in place and the custodial parent can return to court and request a modification to reflect the obligor's increase in earnings.Yes. The court will set a child support order using state guidelines and the obligor will need to pay over some amount from the unemployment earnings. When the obligor gains new employment the child support order will be in place and the custodial parent can return to court and request a modification to reflect the obligor's increase in earnings.
Child support reduction for child aging out?
Sorry, but maybe you meant child support modification? A child support modification is a judicial order and can significantly reduce or increase the amount of support a parent gives or receives. also if you need to know more about child support, here is the following link that should be useful to you: lawrina.
Does the non-custodial parent have to pay child support while the child lives with him for 3 years?
Yes until ruled on otherwise by the court. In Missouri, after 30 days, the obligor parent can notify child support enforcement and request a modification. see link below
Can a judge abolish a previous child support order in NY if your child lives in Pennsylvania?
No, jurisdiction has to be transferred, than a modification done. But, if the obligor parent still lives in New York, they retain jurisdiction.see link
Who gets child support when the child is grown?
The obligor (generally, the State and/or the custodial parent).
How many deductions is a parent with 3 children allowed when calculating child support in California?
Generally, children living with the obligor are not considered when calculating child support for children not living with the obligor.
You pay child support and college expenses am I entitled to a reduction in support?
It is my understanding that if the noncustodial parent is paying child support in the state of Mo. and the child decides to live on campus/away from custodial parent while attending college and noncustodial parent is paying % of college expenses that include room and board a modification/reduction in child support may be in order. However I would like to see a court case/opinion regarding this matter.
Can a parent still receive child support for an 18 yr old who moved out parent helps out on some financial support for the child?
The obligor parent can request the support go directly to the child. see links below
Can ssd payments to custodial parent be credited toward child support obligation from non custodial parent Florida?
If the child's RSDI benefit is based on the obligor's SSA account, it is considered child support. If that benefit exceeds the amount ordered for child support, the obligor does not owe any additional payment.
How can they issue a child support order without you being there?
Child support is awarded by the court for the custodial parent. The amount is determined by the court under state guidelines even if there is joint custody and even if the non-custodial parent doesn't show up for the hearing. The non-custodial parent can request a modification if circumstances change or if the court used an incorrect amount for the obligor's income.
Does child support increase if the father gets married?
No. (The answer is the same whether the father is the obligor/non-custodial parent or obligee/custodial parent.)
Noncustodial parent gets ssi can custodial parent get social security child support?
Yes. If the child's RSDI benefit is based on the obligor's SSA account, it is considered child support. If that benefit exceeds the amount ordered for child support, the obligor does not owe any additional payment.
