How to Get Child Support Reduced in Louisiana

In Louisiana, a parent may petition a court for modification of an existing court order that requires one parent to pay child support to the other parent. A court may issue a child support order in a Louisiana divorce or a legal separation.

A court may also issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.

Under Louisiana law, courts calculate child support according to the so-called “income shares model.” According to the guidelines of this model, a court estimates the amount of money that parents would spend supporting their child if they lived together. The gross income of each parent is factored in, and a formula is applied to determine a parent’s monthly support obligation.

Usually, the parent with whom the child does not live pays child support to the parent with whom the child lives. Once a court issues a child support order, it is binding on the parents, and they must follow it.

The non-custodial parent would be able to request a modification of a child support order any time they experience a “substantial” change in circumstances of the type that would justify changing the amount of support.

The change would have to involve the parents or the child or children involved in the case. This is a requirement of Louisiana law regarding the modification of child support in Louisiana. This standard would apply if the result a person seeks is to pay a lower child support amount.

The kinds of changes that would justify a reduction in child support payments are as follows:

• A Change in Income: If either parent experiences a significant change in income, this might justify a change in child support. The change might have happened because of a job loss, salary increase, or change in employment.
• A 10% Change in Income: If one parent now earns at least 10% less than they earned before so that their child support payment would be reduced by more than 10%, this would justify a court in issuing a new child support order with a change in the amount of support.
• A Change in the Needs of the Child: As children grow, their needs may change. They may need expensive medical or dental treatment. They may need tutoring to improve academic achievement. Or their needs for these measures may end, which could justify a decrease in child support.
• A Change in Custody: The child may take up residence with the parent who pays child support to the other parent. This could justify changing a support order so that the new non-custodial parent can pay support to the new custodial parent.
• A Change in Living Expenses: The custodial parent may make a reasonable change in their living situation that involves a reduction in their housing costs. For example, a custodial parent may get married and move in with their new spouse. This could reduce their housing costs significantly.

It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.

A person who wishes to lower the amount of child support that they pay might want to consult a local attorney in Louisiana to analyze their case. The attorney could help them figure out whether they would qualify for a change or not per the applicable standards.

What Factors Can Lower Child Support?

The most common reason for parents to request a change in child support is because of changes in their income. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.

Of course, a person who wants to lower the amount of support they pay may have experienced a reduction in their income. There is no absolute amount by which a parent’s income must change before they request a modification, but a change of at least 25% is more likely to lead to a change in the amount of support.

What Is a “Material and Substantial Change”?

As noted above, in Louisiana, the change in circumstances that would justify a reduction in child support must be both material and substantial. The parent who seeks the modification must prove the material and substantial change.

Generally, a material and substantial change would be a change in the needs of the child, a change in the paying parent’s ability to pay, or both. The change would have taken place in the time since the existing order was issued by a court. Again, a person would not be required to show a material and substantial change if the modification would result in a change in the amount of child support paid of at least 25%.

If one parent quits their job and is making less money than they did before, this would be a material and substantial change in circumstances that would justify modification of child support. However, a court would not automatically modify child support if the paying parent has voluntarily chosen to make less money. The parent would have to show that they made this change in good faith and not for the sole purpose of escaping their child support obligation.

What Is the Legal Process of Child Support Modification?

A parent can request a change in the amount of child support that they pay at any time. There are two ways to request a change in the amount of child support. They may petition the court on their own or with the representation of a lawyer. Forms for this are available online.

Or a parent may turn to the Child Support Enforcement Division of the Louisiana Department of Children and Family Resources DCFS/DCFR. The DCFS/DCFR generally reviews child support orders once every 3 years after they are issued. Also, they would review an order if a parent asks for it because a material and significant change has occurred.

A parent must submit a request for a change in writing. They should explain why they believe the order should be changed and what material and significant change in their life justifies a change in the amount of support. If a review by the DCFS/DCFR leads it to conclude that a support order should be changed, personnel from the DCFS/DCFR prepare the legal documents and arrange for a court hearing.

The parents may agree to a change, and if they do, a court hearing is not necessary. If parents cannot agree, a judge conducts a hearing and makes the final decision about whether to issue a new order with a different amount of child support.

Within 30 days of submitting a request, the parent must provide the following information to the DCFS/DCFR or the court, as the case may be:

• The parent’s income with a written statement of their current wages or salary
• Their most recent federal income tax return
• A statement of their child care costs

All other significant expenses for the child, e.g., health insurance premiums, educational expenses, transportation expenses, medical expenses not covered by health insurance.

A person should keep in mind that the attorney for DCFR does not represent either the paying parent or the custodial parent. They participate with the goal of making sure everything is done in a way that is fair to all the people involved.

In addition, if the DCFR denies a person’s request for modification, the person may still file a petition in court in order to have a judge decide if their child support should be modified.

When Do I Need to Contact a Lawyer?

If your circumstances have changed significantly and you think you are entitled to reduce the amount of child support you pay, you want to talk to an experienced Louisiana child support lawyer.

LegalMatch.com can put you in touch with a lawyer who can review your situation and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.