How can I eliminate or reduce my child support?

UPDATED: Dec 29, 2010

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How can I eliminate or reduce my child support?

I pay child support on my middle daughter. My sister-in-law has her in TX. I asked to watch her while I got some things straight in SC where I lived at the time. When I went to go pick her up she had custody paperwork done. I went to the court cases until I couldn’t afford to travel anymore. She was awarded custody by default. I wanted, and still, want my daughter back. I pay $400 each month leaving me with only $650 to pay rent and care for my youngest child. Even with a roommate I can’t afford to care for my youngest. I need help reducing or completing getting rid of my child support.

Asked on December 29, 2010 under Family Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You won't be able to eliminate child support, but may be able to have it reduced.  Changed circumstances such as reduced income is a basis for a modification of child support.  You should file an Order to Show Cause (court form) with the court requesting a modification of child support.  With the Order to Show Cause, you should also file an Application for Order and Supporting Declaration.  In the Declaration, you would state your reasons for seeking a modification of child support signed under penalty of perjury.  When you file the Order to Show Cause, the court will set a date for a hearing.  You will need to have these documents served on the other parties (your ex and also the sister-in-law).  You can attach a court form proof of service or you can write your own proof of service.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless otherwise specified to ________ (name and address of each opposing party) on ________ (date).  The date you sign the proof of service under penalty of perjury, should be the same as the date it is mailed and the same as the date it is filed with the court.

You might want to contact the court clerk in TX in case your state has different names for the court forms I have mentioned.

If the cost of transportation to the hearing is a problem, you could contact the law clerk for the judge assigned to your case to inquire if the hearing can be by telephone instead of you having to be physically present.  Some judges will allow having the hearing by telephone.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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