Downward Modification of Child Support

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davecamp

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I have been paying child support for about 9 years for my two boys (now 13 and 10). I never tried to modify the child support and it has gone up once (COLA) which I did not contest (since I was able to pay that amount).

The last three years however, I have had two children with my wife. One of my children has been diagnosed with Autism. I have still been paying the same amount (barely) but now I cannot afford paying that amount anymore (about $32k a year for both boys).

I do not know if that is sufficient to downward modify but I would like to hear some opinions.

Thanks
 
You are certainly free to seek modification order. However your expenses for other children who has a parent to help support them may not be sufficent to reduce your children's support. In short why should they suffer? I am not taking side just pointing things out. As stated you are free to seek modification
 
It will depend on your state's guidelines. Some states allow the court to consider other family obligations, others don't. Also, some states consider the income of the CP, while others don't. You can google your state's online child support calculator to see what factors affect the child support amount. Your best bet is to consult an attorney about modifying the order.
 
what state are you in? You'll have to google the guielines to see if they allow a reduction due to subsequent children. I know AZ and TX do.
 
I live in NJ but the case is in NY. I do understand that the older boys should not suffer. I do get that. They will not be suffering however. We both actually make good money and like I said, my support for the older boys is about $32K/yr. I am not saying, 'lets cut it in half' or anything like that. I am saying, 'I gave you the house, the car and I have and will continue to give you the money they deserve but right now, well I am broke and all my kids deserve a nice life."

Maybe I am reaching. I get it. When I hear about my older boys vacationing in Thailand and Bermuda and I can't take them to Great Adventure, well I think reducing it just a little bit is not going to hurt them.

My youngest has special needs, that is stuff I (with my wife) have to pay for. Again, I am not saying my older kids are responsible (nor my ex) but rational minds (I for some reason think) should prevail. Then again, when I was laid off, they didnt reduce anything and it took me a year to repay the arrears (at full tilt).

I do appreciate the comments however. I actually cannot afford a lawyer, I just want to get some opinions.

Thanks
 
Since one of your subsequent children has special needs, you may have a chance at a modification. Your local courthouse may be willing to help you get started (forms, instructions, etc.)

Good Luck
 
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