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How Do I Decrease My Child Support Payments When I Sell My Business?

How Do I Decrease My Child Support Payments When I Sell My Business?

Full question:

I am 6 weeks behind on child support payments about $1500. My ex has filed a complaint for contempt. My child support payments were reduced September 2010. I had a business since 1993 which I am closing. Last revenues were May 2010. I closed the office in October. I am claiming bankruptcy as soon as 2009 and 2010 taxes are filed. My current wife paid for a lawyer this past year for the reduction that came in September. We spent about $20K. I would like to not hire a lawyer this time around. What is the process for me to get a further reduction? How do I file a motion for further reduction of child support?

Category: Divorce
Subcategory: Modification
Date: 04/07/2025
State: Massachusetts

Answer:

You would need to file a motion to modify child support in the court that issued the child support order. You may see the forms below and inquire with the clerk of courts regarding fees, as they vary by court. You may ask the clerk how many copies their office needs, and one copy will need to be sent to the other party (or their attorney). A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not typically modifiable by the court. It is final. Child support or custody may be modified if there is a significant change of circumstances, such as a significant decrease in income.

A modification generally affects future support payments. Typically, the current default of one party will be taken into consideration in making the modification by stating how any delinquent payments owed will be treated. The modification is usually made to apply to future payments only and is not retroactive, so that arrearages are still owed. Collection of arrearages may occur separately from the modification.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to beat contempt of court for child support?

To contest a contempt of court charge for child support, you must demonstrate that you did not willfully fail to make payments. This could include showing a significant change in your financial circumstances, such as job loss or illness. You may also present evidence that you have made attempts to pay or that you were unable to pay due to circumstances beyond your control. It's crucial to attend the court hearing and present your case clearly. If you're unsure about the process, consider seeking legal advice to understand your rights and options.

How to report late child support payments?

To report late child support payments, you should contact your local child support enforcement agency. They can help you document the missed payments and may take action to enforce the support order. You can also keep a record of all payments made, including dates and amounts, to support your case. If the issue persists, you may need to file a motion in court to address the non-payment.

Can I sue my ex for child support arrears?

Yes, you can sue your ex for child support arrears if they have failed to pay the ordered amount. You can file a motion in the court that issued the original child support order. The court can enforce the payment of arrears through various means, such as wage garnishment or intercepting tax refunds. It's advisable to consult with a legal professional to understand the best approach for your situation.

What are the negatives of child support?

Some negatives of child support can include financial strain on the paying parent, especially if their income decreases. The receiving parent may also face challenges if the payments are inconsistent or insufficient for their child's needs. Additionally, disputes over child support can lead to conflict between parents, affecting co-parenting relationships. It's important to communicate openly and seek modifications if circumstances change.

Why is the child support system unfair?

Critics argue that the child support system can be unfair due to perceived biases, such as favoring one parent over the other, often the custodial parent. Some believe that the calculations do not accurately reflect the paying parent's financial situation or the needs of the child. Additionally, enforcement measures can sometimes be seen as overly harsh, especially for parents who experience financial hardship. Advocating for fair assessments and modifications can help address these concerns.

Why is child support unfair to fathers?

Many fathers feel that the child support system is unfair due to assumptions about income and parenting roles. They may believe that the system does not adequately consider their financial contributions or the time they spend with their children. Additionally, some fathers report feeling penalized for their ability to pay, leading to challenges in maintaining a relationship with their children. It's essential to seek legal guidance if you feel the child support order is unjust.