Child Support Modified


Can you tell me how long you can wait to have child support modified based on our separtion agreement. In our separation agreement I agreed to XYZ amount but now I have taken a much lesser pay in order to have a job and I can not continue to pay what I agreed in the separation papers- what can I do and what would be the process? thanks


If support is outlined in a Separation Agreement you will need to file an original action for child support with the court. Normally a temporary hearing can be set within in 2 or 3 months.


is that what the form is called I would fill out? Orginal Action for child support? is this form on your website? I thought once a separation agreement was signed, etc that you could not go back to court for 3 years? is this not true?


You need to file a lawsuit Child Support. To initiate suit you need to file a complaint.
A separation agreement is not a court order, so you do not need to wait 3 years. Your case will not be a modification since child support was never set by the court in the first place, hence the term original action.


do you have an example of this on your site? I have looked but do not see a example or file called lawsuit child support


There may be one in the forms library.


do you mean the “Court Complaint for Custody, Support, Alimony and Property Division” form? Sorry I am just not clear


Yes, yours would only contain the claim for child support.