Need to Modify Child Support in California?
Orange County Child Support Lawyer on Filing for Modification
After years have passed and your life has changed, the child support order initially handed down by the court may not be the best plan anymore. Child support orders are generally modified every few years.
Life can change when you least expect it, and the amount of support a child receives (or the amount that the noncustodial parent can pay) must change in accordance.
To learn everything you need to about modifying child support in California, call or visit our office to speak with an Orange County child support lawyer. Without any cost to you, our Orange County Family Law Associates will sit down with you, review your family’s financial standings and let you know what to expect moving forward. If circumstances have substantially changed since the order was entered, a child support modification may be warranted.
When Can I Modify Child Support in California?
Just because a major life change occurs does not mean that your child support payment will automatically change. In fact, it will not change without applying to the court for a modification. Whether you are looking to increase or decrease child support payments, you must show the court that there has been a substantial change in your circumstances or those of the other parent. While you can do this on your own, consulting with an attorney first can be extremely helpful in obtaining a fair result.
Some situations that may justify a child support modification include:
- Loss of job or demotion
- New job or promotion
- Change in the custody order
- Change in time one parent spends with the child
- Change in family size
- One parent becomes disabled
- One parent becomes involved in active military service
If the change in your circumstances is temporary, like if you just lost your job and are currently looking for a new one, the courts will sometimes grant a temporary child support modification. After your circumstances change again, your child support arrangements will need to be examined again. Just like when the original child support order was signed, the courts and the judge will be most concerned with the best interests of your child.
How Do I Modify Child Support Orders?
Child support modifications involve petitioning the court for a change in the previous order. Once that is done, the other parent will have the opportunity to respond to the request. After that step, discovery, or the exchange of evidence, will take place. This means that the parents may have to exchange up-to-date tax returns, pay check stubs, income disclosure sheets and other financial documentation.
An OC child support lawyer from our firm will always attempt to work out a child support modification amicably through negotiation with the other parent first, but the reality is child support modification cases are often highly contested. A hearing will usually be held before a judge to determine if a substantial change in circumstances has occurred and if so, to calculate the correct updated amount of child support.
Contact a Child Support Lawyer for More Info About Modification in California
At such a stressful and emotionally exhausting time in your life, you need a strong, experienced hand to guide you through California’s complex family laws. We are caring, compassionate child support attorneys who will fight aggressively for your rights. Schedule a free consultation with us to learn more about modifying child support payments.