Question Details: What steps need to be taken to modify my child support and alimony? I make $58,000 and am paying $2300 in support per month. Is there a way to lower that? Before the court mandated this amount, I was paying $200 per week plus providing my children with whatever they needed.
The court has the power to modify it. You will need to make a motion (which is a formal request made to the court, in your case and its docket or file number, to do something) to reduce the amount. In the motion, you have to demonstrate why you cannot afford this amount: e.g. you'll have to show that if you pay this, you don't have enough left after taxes for your own reasonable needs. Since you are paying $27,600/year, or almost half your pre-tax income, you may be able to show that: you will need to collect evidence of your taxes (income and property, if your state has property taxes), mortgage or rent, utility costs, car costs, phone and internet costs, clothing and food, etc., so as to demonstrate how little you are left and that this amount is not supportable. Having a family law attorney assist you will help you do this: the lawyer will know the court rules and procedures, as well as how best to present your case and also can find "precedent," or prior cases, where people received reductions in similar situations to help bolster your position. Given how much money is at stake, hiring a lawyer to help you is well worth it.
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