A decrease in available income is not a guarantee that the support obligation will be decreased. In order to justify a downward modification of child support, the decrease in income must be permanent in nature. The support payor must be able to prove that after numerous attempts, that he could not find a decent paying job.
The payor spouse will have to create a paper trail to prove to the court that he has been diligently seeking employment. Copies of e-mails, and correspondences to prospective employers, must be attached to any application to any motions to reduce child support.
Moreover, in order to obtain a child support reduction, a support payor must be able to prove that the decrease in income was involuntary. A father cannot voluntarily remain under employed. Additionally, a parent cannot voluntarily retire or take a much lower job than he is qualified for in order to purposefully avoid paying for child support.
