WORLD Law Direct Forums
Home > WORLD Law Direct Forums > FAMILY LAW, DIVORCE, CUSTODY > Child Custody & Support > Lowering my Child Support; I was divorced in the State of New Hampshire

Lowering my Child Support; I was divorced in the State of New Hampshire

This is a discussion on Lowering my Child Support; I was divorced in the State of New Hampshire within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; How would I go about getting my child support lowered. I was originally divorced in the State of New Hampshire ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Aug 16th, 2012, 10:02 AM   #1
Junior Member
Country:  
hotrodtod31's Flag is: United States
 

hotrodtod31's Avatar
 
Join Date: Aug 2012
Posts: 3

Default Lowering my Child Support; I was divorced in the State of New Hampshire

How would I go about getting my child support lowered. I was originally divorced in the State of New Hampshire in 2004. My child support was based on both parents income. Now we both live in Rhode Island (and now I pay state income tax) and my support payment is really cutting into my income. Do I have to go back through NH to get this done?

Thank you in advance.
hotrodtod31 is offline   Reply With Quote
Sponsored Links
Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!
Old Aug 16th, 2012, 10:13 AM   #2
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,413

Default re: Lowering my Child Support; I was divorced in the State of New Hampshire

The family court file with custody decree and support order needs to be tranferred to Rhode Island since the children are now residing there. The Uniform Child Custody Jurisdiction Enforcement Act is the controlling law which provides that the state with the most information about a child's past, present and future care be the forum where custody/visitation/support matters be held.

Presuming everyone has been in Rhode Island for at least six months, that is the proper and most convenient forum for all. Further, New Hampshire no longer has any legal or actual interest in the children's welfare and it is a very incomvenient forum for all to attend.

The state that issues the original decree keeps jurisdiction -- until it relinquishes it to another state. So you need to file your petition to modify the decree in Rhode Island, "change of circumstances," filing a certified copy of the New Hampshire decree in the Rhode Island county superior court, its UCCJA registry which every superior court maintains, of the county in which the children live.

The Rhode Island court will contact the New Hampshire court to have the file transferred to Rhode Island where the proceedings would be held. New financial statements will have to be filed for both parties of their income and expenses and the expenses of the children.
Friend In Court is online now   Reply With Quote

2 out of 2 members found this post helpful. Did you find this post helpful? Yes | No
Old Aug 16th, 2012, 01:52 PM   #3
Junior Member
Country:  
hotrodtod31's Flag is: United States
 

hotrodtod31's Avatar
 
Join Date: Aug 2012
Posts: 3

Default re: Lowering my Child Support; I was divorced in the State of New Hampshire

Thank you very much. This information is extremely helpful.
hotrodtod31 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 16th, 2012, 01:55 PM   #4
Moderator
Country:  
sandyclaus's Flag is: United States
 
sandyclaus's Avatar
 
Join Date: Jun 2009
Location: The North Pole, silly ;)
Posts: 6,359

Default re: Lowering my Child Support; I was divorced in the State of New Hampshire

Quote:
Originally Posted by hotrodtod31 View Post
How would I go about getting my child support lowered. I was originally divorced in the State of New Hampshire in 2004. My child support was based on both parents income. Now we both live in Rhode Island (and now I pay state income tax) and my support payment is really cutting into my income. Do I have to go back through NH to get this done?

Thank you in advance.
Keep in mind that just because the support payment is "really cutting into" your income, that doesn't necessarily mean it can be downwardly modified in your favor.

If you have money left over to cover your basic bills after after you've paid your support you're doing well. If you don't have enough money for the "fun stuff" (such as entertainment expenses, the sportier car, the fancier place to live, etc.), that's not something you are necessarily entitled to. When requesting a reduction, the court will look at a change in circumstances and any significant reduction of income that affects your own basic living expenses. If there isn't anything significantly different, other than you WANT more money to play with, they are unlikely to grant the reduction.
__________________
"If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."
sandyclaus is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 17th, 2012, 10:01 AM   #5
Junior Member
Country:  
hotrodtod31's Flag is: United States
 

hotrodtod31's Avatar
 
Join Date: Aug 2012
Posts: 3

Default Re: Lowering my Child Support; I was divorced in the State of New Hampshire

I understand what you mean. Unfortunately, losing a job and taking one for lower pay has forced me to cut my spending way back but has also squeezed me to the point that it is extremely hard for me to make ends meet now. I have had to borrow money on numerous occasions so that I do not fall behind on my support or bills. My child support is almost half of my weekly takehome pay.
hotrodtod31 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 4 replies and has been viewed 832 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Mom needs to move child out of state from Dad; We divorced in Oregon Love of my Son Child Custody & Support 7 Sep 18th, 2012 08:30 PM
I want to get divorced with 100% child custody. I am ok if I dont get child support. mom2000 Child Custody & Support 11 Mar 17th, 2012 09:54 AM
Lowering Child Support Amount (North Carolina) Unregistered Child Custody & Support 2 Mar 10th, 2010 01:30 PM
Lowering Child Support for the obvious reasons nurseit4me Child Custody & Support 6 Apr 8th, 2009 11:55 AM
Lowering child support due to another child. Is it automatic in NY? Unregistered Child Custody & Support 3 Apr 5th, 2009 01:24 PM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -5. The time now is 06:49 AM.