Modifying child support payments are a crucial aspect of divorce when children are involved. In California, the court orders child support based on the incomes of both parents and the needs of the child. However, changes in circumstances, such as job loss, remarriage, relocation, or a significant change in income, may warrant a change in child support payments. In this article, we will explore how to change child support payments in California and the factors that influence the court’s decision.
Reasons for Changing Child Support Payments
Some common reasons for changing child support payments in California can be attributed to changes in the financial situation of either parent. This could be due to:
- Job loss
- Reduction in income
- Increase in income
A parent may also seek to change child support payments if there has been a significant change in the child’s needs. For instance, if a child develops a medical condition that requires expensive treatments or if the child has started attending a private school that costs more than what was previously budgeted for, then the parent who pays child support may need to adjust their payments.
Child support payments may also be adjusted if the custody arrangements for the child change. If a parent gains or loses sole or joint custody, this could result in a change to the amount of support being paid.
It’s worth noting that child support laws change over time, which can also result in a change in the amount of support being paid. For example, if California changes its child support guidelines, this could lead to an increase or decrease in the amount being paid.
Steps to Take to Request a Modification
Once you establish that you have a reason to change your child support order, you need to gather all the necessary documents to support your request. This may include pay stubs, tax returns, medical bills, or any other documents that show a change in your financial situation. Your divorce lawyer can help you by knowing what is needed to prove that a change or modifying child support is necessary.
After gathering these documents, you need to file a request for modification with your local child support agency or court. The agency may provide you with forms that you need to fill out or online resources that simplify the process. You should ensure that you fill out the forms accurately and provide all the necessary information to avoid delays in the processing of your request.
Once you submit your request for modification, the other parent will receive notice informing them of your request. At that point, the parents have the option to agree to the modification or request a hearing to contest it. In situations where the other parent agrees to the modification, the new order can be approved by the court. The New order will detail the new child support amount and the effective date.
However, if the other party contests the modification, you may have to attend a hearing to plead your case before the judge. Sometimes an agreement can be put together through mediation. Either way, if the court finds it necessary and appropriate, a new order can be put in place. If the court does not see the change as necessary, your petition for modification will be denied and the original order will remain in force. Whatever the circumstances, an experienced divorce lawyer can help you through the child support modification process.
Factors Considered in Modifying Child Support
Parents can request to modify the child support amount, but they must provide valid reasons. Some factors that are considered when modifying child support in California include changes in a parent’s income, the child’s medical expenses, the amount of time the child spends with each parent, and the child’s needs.
If the parent seeking a modification has experienced a significant change in income, such as job loss or a reduction in work hours, they may be eligible for a child support modification. If the child has experienced a significant change in medical or educational needs, the parent may request a modification to cover related costs. Other factors that a court may consider include the child’s age, the child’s special needs, and the child’s overall standard of living.
Another factor that may be considered in modifying child support is the amount of time the child spends with each parent. Changes in this percentage can affect the amount of child support paid between parents. For example, if a parent who previously had limited parenting time with their child now has them the majority of the time, they may be eligible for a decrease in the amount of child support they pay.
Schedule a Consultation With a San Mateo Divorce Attorney
Child support payments are a legal obligation to support the financial needs of children, and it is essential that it be adjusted when specific circumstances require it. The process of changing child support payments can be complicated and depends on the state’s laws where the child support was ordered. Contact San Mateo Divorce attorney Bradley Bayan at the Law Offices of Bradley Bayan at (650) 364-3600 to schedule a free consultation for assistance with modifying child support payments in California.