I was legally separated on September 9, 2008 and agreed to pay $2,000 a month child support for my son and daughter. I have every other weekend visitation with them and 2 weeks during the summer. The agreement was agreed upon by me and my ex because I wanted her to have enough to take care of the kids and still pay the bills (she got the house and the mortgage that went with it). My question is this: My income has dropped, like a lot of people, because I am in a commission only job. My income is now less than half of what it was. Can I apply for a modification? I didn’t even realize the 3 year or 15% rule until I saw this website. I have basically been paying the child support out of savings as I can no longer afford this amount. Please help.
Yes, you can apply for a modification. Just call or visit your local clerk of court, for details, forms, etc.
If your child support obligation is contained in a court order, you can file a motion to modify based on a change in circumstances. The three year and 15% rule is a guideline for the courts to review cases every three years in the event that there is not another reason presented to modify.