Sunday, August 8, 2010

Dads, It Is Possible To Make A Modification Of Your Child Support

Copyright by Merlene Bishop

For dads having a hard time paying their child support due to the recesssion, you can do something that will help. You can file a modification of child support with the family court in your county for a small filing fee. After you pay the filing fee, you will fill out a form that shows what your income and expenses are. Based on that information, the court can approve the modification of child support. However, it is to your advantage financially to do this by an informal agreement with your ex spouse when you are having a tough time.

The disadvantage for doing an informal agreement is that it can't be legally enforced, but it is a less expensive way of handling this that is much better for you. If you can work out an arrangement with your ex spouse to pay less child support for a while when things are hard for you financially, MAKE CERTAIN that you and she document your agreement with both signatures on it. Next, have that agreement notarized, with both of you getting a copy.

Without a documented agreement, your ex spouse may change her mind later if the two of you have a falling out or a drop in the cooperative coparenting relationship. She could decide to go back to court to enforce the child support agreement, and the judge would enforce the support payment in your divorce decree, and would also order repayment of the back support rather than your informal agreement.

If you can do this in a cooperative way with your ex spouse it will be far better for your children, since there will be less tension. Children can feel the tension between their divorced parents and when they do they are likely to feel that they had something to do with it. The informal route is better for all concerned and you will have a better quality of time with your kids when they are with you.

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