We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

How do I Change Unfair Child Support?

By Christopher John
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A person who wants to change an unfair child support order must file a motion to modify the order. A motion is a formal request to a court to make a particular decision. Each jurisdiction will have its own rules concerning the format of a motion. A motion to modify an unfair child support order will ordinarily contain a series of numbered statements identifying the parties, identification of the existing order, how long the order has been in effect, a statement explaining why the existing order constitutes unfair child support, and a legal basis justifying why modification is necessary. After this motion is prepared, the person requesting a change in unfair child support must file it with the court, serve a copy to the opposing party and request a hearing.

Most jurisdictions allow modification of a child support order when there is a substantial change in circumstances to justify the change. For example, an employer may lay off a person from a job, which results in no income or lower income for one of the parents. Accordingly, a court may enter an order decreasing the amount child support that parent must pay. If a parent is suddenly earning more money, a court may increase the child support he or she is to pay.

Another example of a substantial change in circumstances occurs when a parent pays child support for multiple children and one of the children is no longer entitled to child support. The parent may then file a motion requesting that his or her child support payments be reduced. A child usually is entitled to receive child support until the child reaches the age of legal majority. In most jurisdictions, that is 18. If a child is emancipated or gets married before the age of majority, the child is no longer entitled to child support.

In contrast, many jurisdictions have certain circumstances under which they require a parent to continue paying child support past the age of majority. For example, if a child has a severe medical condition that prevents him from working and being self-supporting, a court may order child support to continue after the age of majority. A parent would have a difficult time arguing unfair child support in this situation, despite the age of the child.

The most important aspect of a motion to modify child support is developing a position that an existing order is unfair. It is most difficult to convince a court to lower child support. Most jurisdictions have established a best-interests-of-the-child standard to guide its courts when establishing and modifying child support. Hence, a person seeking modification must keep this in mind when developing an argument for presentation to the judge.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By burcinc — On Mar 06, 2014

I think it has become more difficult to show that child support is unfair. I have the impression that more parents have been applying to lower or stop child support payments in recent years. False reporting of income has also become more common due to general financial troubles experienced by parents. There are also people who just want to avoid their responsibilities.

By fBoyle — On Mar 05, 2014

@literally45-- You should probably check with a local lawyer, but I think that you can apply to have the child support stopped in your case. Even if the law requires payments until the child is 21, becoming an independent generally means that the child will no longer receive child support. If he was still living with his mother and if he was going to school, then you would be required to continue payments. But living alone and making money are good enough reasons for the child support agency to stop these payments.

You should apply to the agency saying that the child support order is now unfair. Get the help of lawyer if you are unsure how to go about it. You don't have to though, you can apply and represent yourself in court if needed.

By literally45 — On Mar 05, 2014

My son is 18 but he has moved out of his mother's house and is working. However, according to our state's rules, child support is paid until the age of 21, not 18. I continue to pay child support for this reason. Are these payments considered to be unfair child support payments? Can I have the child support payments stopped?

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.