You and your ex-spouse have always had a decent relationship since the end of your marriage. You’ve paid support for years. You’ve only ever missed one payment, and that was because you ended up being sick and hospitalized.
Since then, you’ve done everything right, but you’ve had some health problems again. You’ve struggled to get to work. Your income is decreasing as a result. You’ve noticed that you are stressed out and missing visitation time because of other responsibilities at work and medical appointments. You feel out of control, and what you’re being asked to pay is just too much under these circumstances.
This may be a good time for him to consider seeking a post-decree modification of child support
There are several times when a post-decree modification may be a good idea. Some examples of times when your circumstances change enough to warrant a modification may include:
- If you get remarried
- Making significant losses or gains in income
- Dealing with major illnesses or disabilities
- Changes in your financial needs
It’s important that you are able to seek a modification of custody or child support if and when it’s needed. If you are having real health problems that are affecting your ability to work, it’s a good idea to sit down with your ex-spouse to talk about what’s going on. They may be willing to agree to a lower child support rate for a while, at least until you can get well and get back to work.
If your ex won’t listen about reducing the payment, don’t give up. If you have a disability or long-term illness that will make it hard to pay, the court may be able to reduce your payment to something you can afford. Parents are expected to pay when they can, but if paying is hurting your ability to support your own home or to take care of yourself, then the courts are going to be reasonable about what you can actually afford. Your attorney will help you show that you need this modification due to illness, so you can focus on your health and seeing your children again.