Child support is always subject to modification, but since you have had no decrease in income, you may have some difficulty showing a basis. You need to meet with an attorney to review all te circumstances of your case to determine your options.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
Child support is always modifiable but you have to show that there has been a substantial change in your circumstances from when you got divorced and agreed to the amount to your circmstances now. You indicate your pay is the same so a decrease in income is not going to establish the changed circumstances. You need to spake with an attorney and explain your position and see if anything can be done. Good luck.
B. Elaine Jones, Esq.
Based on the limited information provided, it does not appear that you can meet the required legal basis to modify child support - a substantial change in circumstances. If you want to pursue this issue, you need to meet with an experienced family law attorney, who will review all the pertinent facts and will review your agreement/court order and then give you specific legal advice.
Eileen D. Jacobs, Esq.
Office: 2505 W. Virginia Avenue
Tampa, FL 33607
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953
Is there any language in your Agreement or Final Judgment regarding the deviation, and the basis for it? Generally, child support is modified based on a change in the Guidelines amount, which of course requires a substantial change in your income. However, since you are not seeking a change in the Guidelines amount, but instead your deviation from that Guidelines amount, I would argue that the relevant factors that caused you to pay the amount deviating from the Guidelines amount has changed. You will have a harder time doing this if your Agreement and Order are silent on the issue. This is fact-specific and something that should be reviewed by an attorney to best advise you. Please feel free to contact me for a consultation.
Gwen J. Cryer
Attorney at Law
1507 Park Center Dr., Suite N
Orlando, FL 32835
Telephone (407) 370-9661
Fax (407) 370-9480