This will be considered perjury and you could be fined by the court. I am attaching a letter from my former boss attesting to my merits as an employee. Payments will still need to be made during those months. This is usually referred to as filing a motion to modify child support. The sample child support modification below details an agreement between parents ‘Barry Nolan’ and ‘Diana Wang.’ The two parents agree to an adjustment in child support payments and details how costs from child rearing will be distributed between the two. I would like to begin this letter by expressly stating that caring for my {son/daughter} is my most important priority. Include a statement that you are also attaching supporting documents, such as a bank statement, paycheck stub or letter from your employer. Sample 1 - Hardship Letter for Child Support Name of Mother Address of Mother City, State, Zip Code DATE Child Support Divison Address of Child Support Divison City, State, Zip Code RE: Request for Child Support Review Case #123456789 To Whom It May Concern: I am writing to request an increase in the child support ordered in Case #123456789. Yours faithfully, [your signature] [your name] 3. However, there was a round of budget cuts in my department and I was laid off as of {date}. Those issues are dealt with separately in many states. Also, petitioning the court does not mean that your child support payments will automatically be reduced. Include a bank statement or proof that you have made child support payments as ordered to show that you have taken the court's order seriously in the past. In order to reduce your child support payments, you must petition the court and allow a judge to make a decision. Copyright 2020 Legal Templates LLC. Use of this site is subject to our Terms of Use. Dress professionally during your court hearing. My loss of employment was in no way due to the quality of my work, my professional behavior, or any intention I had. I am collecting unemployment for now, but it pays only 50% of my previous wages, and I need that money to pay rent and buy food. This form requires you to list your income and all of your assets and debts. State your reason for requesting a reduction. Sample Payment Reduction Request Letter. Child Support Modification 3. Copies and instructions are usually available at your local courthouse. If you pay or receive child support and want to assess the situation, you can use a Child Support Review Letter as a request that helps you get a formal review. Gambone holds a bachelor's degree in social work from Rutgers University and a law degree from Rutgers School of Law, where she graduated with honors in 2010. In most states, you must show a significant change in circumstances before the court will let you lower your child support. If you have gone on job interviews, ask those companies to provide you with a letter proving this. However, you should note that the judge may find that child support should be lowered if the other party shows a loss of income or there are other factors. If your life circumstances have changed, you’ll still be responsible for making child support payments at the previously agreed upon amount in a timely manner. Child Support Modifications are usually used when one parent’s financial or living circumstances have changed since the original agreement, and they wish to make changes to things like visitation, child support payments, or even custody. Child support modification will also often not touch other issues. In most states, there are penalties for lapsing on child support payments. Digital Vision./Digital Vision/Getty Images. Save copies of job advertisements that you have applied for and any rejection letters you receive. This would include any letters you received from your state disability office or your private disability insurance company. Please contact me within 7 working days if you dispute my calculated amount of child support. The sample child support modification below details an agreement between parents ‘Barry Nolan’ and ‘Diana Wang.’ The two parents agree to an adjustment in child support payments and details how costs from child rearing will be distributed between the two. Most states require you to complete this form, also called a financial affidavit, if you are attempting to change your child support. Maryland State Courts: Petition/Motion to Modify Child Support, Institute of Government: Modification of Child Support Orders: Substantial Change of Circumstances, Florida Legislature: Child Support Guidelines, Weinberger Law Group: New Jersey Child Support Modification, CustodyXChange: Lowering Child Support Payments, New Jersey Courts: How to Ask the Court to Change or Modify an Order in Your Case. If both parties agree to a modified child support agreement, the judge will then change the child support order. This letter is to formally request a reduction in payments on my debt for the next six months. In order to reduce your child support payments, you must petition the court and allow a judge to make a decision. Here are a few of the top situations where a child support modification might be called for: The immediate consequence of not having a modification is that the initial order of child support will stay enforceable. She covers a variety of topics, focusing on legal issues, family law and LGBT rights. There are a number of different reasons that you might need a modification of child support. However, some other states may discourage too many modifications by placing limitations on how often you can apply. For example, modification agreements won’t discuss spousal support or visitation agreements. You will need to show the court how you know this is the case. Use our Child Support Modification form to update a child support agreement. This process can vary slightly from state to state, but the general procedure is the same. When both parents can come to an amicable agreement about child support issues, they may want to draw up a modification of child support agreement. Perhaps you think a higher payment is in order, or you think it should be lowered. Legal Templates cannot and does not provide legal advice or legal representation. If your new spouse has lost her job, be prepared to prove this to the court. Name of the Sender, Full Address of the Sender, Case number, Current Date, Name of the Judge, Address of the Judge, Subject : Request for Reduction of Child Support Payment due to recent reduction of Pay. This agreement would stipulate the new child support amount that both parties agree to and set the date for payments each month. Sample Request Letter/Petition to Court to Reduce Child Support Payments Due to Reduction of Salary. Serve your ex with the motion papers. Essentially, you don’t need to have proof of changing life situations in order to seek a modification after three years. Angie Gambone is an attorney who has been writing for various websites since 2009. Remember, that in order to be official and enforceable, the actual modification of child support needs to be agreed to by the court that ordered your original child support payments. There is nothing I would like more than to know that my contributions continue to help my child, but I currently do not have a salary to draw from. Home Legal Documents Child Support Modification. Process of Applying for Modification of Child Support. Please contact me at your earliest convenience. I have shared care of the above named children for [number] days / month. However, the court understands that life situations can change and modification of the child support agreement allows one or both parties to ask for permanent or temporary changes to the original child support agreement. I request to pay AMOUNT starting on DATE and beginning the normal payments on DATE. The process of applying may differ slightly from state to state. These can be obtained by going to your local courthouse or searching your state's online court website. This process can vary slightly from state to state, but the general procedure is the same. Thank you for your time and consideration. You can also petition for modification if there are changes to your life circumstances. However, I have recently fallen on difficult times and therefore need to request that my child support payments be {suspended, reduced, eliminated}. Since this is a financial motion, you usually have to submit proof of your income. Be as detailed as possible in your motion paperwork. A child support modification agreement is a change to the court-ordered child support agreement between the parties that is currently in place. At the time when the initial child support agreement is ordered, each party’s life situation is considered when deciding the monthly amount of payment. If you have copies of your ex's paystubs or a letter from your ex's new employer confirming she works there, provide this to the court. I need only {suspend, reduce, eliminate} my child support until I can get back on my feet. Respected Honorable Judge ____ ___, Attach any proof to your motion forms. Those debts never go away – even in a case where you declare bankruptcy, that debt is still owed until it’s paid in full. Formatted and ready to use with Microsoft Word, Google Docs, or any other word processor that can open the .DOC file format. Complete a Case Information Statement. Familiarize yourself with your state's legal standard for reducing child support. If you personally serve your ex, use a courier service, which will submit a receipt for you. If one parent has voluntarily chosen or been given a court order to pay all of the financial support for his or her child, another letter can be written. The court will send you notice with the date of your court hearing. Below is a sample of that type of letter. Generally, you should meet a basic standard – you need to be able to show that there are circumstances that warrant a change in your child support payment agreement. I have [number] other children living with me - [name and date of birth of other children]. The judge will decide based on the records presented whether or not to grant the child support modification order. To protect your interests, you should not reduce your child support payments without formally involving the court; an informal agreement … Locate the appropriate motion forms. If you recently lost your job or took a pay cut, tell the court. Create Your Child Support Modification in Minutes! Judges rule more favorably when motion paperwork is clear and easy to understand. You should also save your medical records and have your doctor write a letter to the court explaining your disability and how it limits your ability to earn. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Demonstrate to the court why your expenses have increased. Do not disrespect the judge by arguing or talking back during your hearing. To protect your interests, you should not reduce your child support payments without formally involving the court; an informal agreement between the parties cannot be enforced by a judge and the original order will be adhered to if conflicts arise. Attached are my financial statements and the aforementioned letter. Attach your most recent pay stubs as well as your last year's tax return. This arrangement allows you to continue to make payments on time, at a rate you can afford, until a court date can be arranged. However, I have recently fallen on difficult times and therefore need to request that my child support payments be {suspended, reduced, eliminated}. In the state of Florida, child support agreements are always modifiable. Once you go in front of the judge, you’ll need to provide evidence that there has been a significant shift in circumstances which warrants a change in the child support agreement. If you heard about your ex's increased income "through the grapevine," the court generally will not find this sufficient.