The Importance Of Substantiating Evidence When Petitioning For Lowered Child Support Payments

Posted on: 30 November 2014

Non-payment of child support could lead to an arrest warrant regardless of the reason why the payments were not made. This is true even when someone is facing dire financial hardships. A self-employed, non-custodial parent who is having trouble making payments due to loss of income should file a petition in family court for a lowered amount. The petition must include evidence substantiating the loss of income and why revenue levels are not likely to improve in the future.

Prove The Circumstances of Declining Revenue

In some cases, you may have to show why your income is declining in order to legitimately establish your financial situation is outside of your control. Proving you are forced to reduce a necessary advertising budget is an example of this. Depending on the type of business one runs, income generation could be heavily based on advertising. Scaling back advertisement due to declining revenues means even further decreased income.

Presenting bank statements might be sufficient proof to demonstrate to the court revenue is currently low and will remain low due to the scaled back advertising. Hence, you cannot reasonably be expected to pay the same amount of child support as was the case when revenues were higher. You simply are not earning the same income as previously established in earlier court proceedings. 

Establish Third-Party Actions Have Devastated Your Business

No matter how hard and diligently you work, the sad truth is someone else could wreck havoc on your earnings. An employee who gets your business involved in a lawsuit would be one example of how your business' earnings are damaged by someone else's fault. The resultant lowered income could make current levels of child support payments unsustainable.

Demonstrate No Other Options Exist

Providing proof that such instances occurred combined with showing you have no alternative way of overcoming your current financial devastation, at least for the short-term, is a must.

Just because a change in circumstances destroys your income does not automatically mean you are unable to generate the same income levels through alternative means. In other words, you simply cannot choose to ignore a viable "Plan B" such as getting another job and assume the courts will give you a pass on your responsibilities. Providing the court with a paper trail showing you are looking for ways to increase your income is strongly advised. Otherwise, the court may be decidedly unsympathetic.

Retain an Attorney

Any proof submitted to the court must definitively show you are exploring all options of matching your previous income levels, but are falling short. To be sure any proof delivered to the court is accurate and credible, hiring skilled child support lawyers like those from Knochel Law Offices, P.C. is strongly suggested. An attorney with experience in child support matters understands how proof is to be presented and how the petition should be argued upon the submission of said proof.


Child Support Enforcement Secrets: What You Should Know

If your ex was ordered to pay child support as part of your divorce settlement, you have every reason to expect it to be paid on time. If he or she isn't meeting that obligation in a timely manner, you do have some enforcement options. Instead of struggling to get by or finding yourself fighting with your ex about getting the payments you're entitled to, you should reach out to a child support attorney who can help you take the case back to court. Your ex will have to show just cause for why he or she isn't paying or the courts will order them to catch up. I created this site to share what I've learned about child support enforcement over the years. I hope it helps you to understand your rights and the options available to you.

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