Get Sample Letter for Request for Reduction in Child Support Payments

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Instruction: This is a model letter. Adapt to fit your facts and circumstances. Return address: Name Address Line 1 Address Line 2 City, State Zip Code Date Name Human Services Department Address
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FAQ

Go into the court that made the child support order. Fill out a Complaint for Modification form. ... Take the form to the court Clerk. ... Serve the Complaint and Summons. ... Make “return of service”. ... Schedule a court date for the hearing.

It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. ... If a COLA clause is included in your child support order, you don't need to go before a judge in order to modify the payment amount based on an increase or decrease in the cost of living.

A change in a court order is called a modification. Either parent can request that the Child Support Services Department review his or her child support case for modification. Generally, a modification must be based upon a "substantial change of circumstances" since the last order was made by the court.

You can change a custody agreement without going to court if you are able to come to an agreement with the other parent; but if not, then you will have to go to court so a judge can decide.

For example, while you can ask for a modification anytime after the original order has been established, if you file for a modification with the Friend of the Court, then you must wait three years before you can seek another modification directly with the Friend of the Court.

Gather your tax returns, income statements, any retirement income, proof of expenses, and current pay stubs. The court will want to see them all – and maybe other documents, too.

The filing fee is $50 if you ask the court to change a judgment concerning child support, custody, or visitation. The filing fee is $150 if you ask the court to change a judgment concerning anything not about children.

Yes, there is. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue. These clauses make it so the child support payments change each year in accord with the increase or decrease of the annual cost of living.

Fill out your court forms. ... Have your forms reviewed. ... Make at least 2 copies of all your forms. ... File your forms with the court clerk. ... Get your court date. ... Serve your papers on the other parent (and the LCSA if involved) ... File your proof of service. ... Go to your court hearing.

A fee of $25 is generally required for filing either a custody or visitation petition in court. There may be an additional fee for serving the other parent with the custody papers, which is usually done by a sheriff, third party, or process server.