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Rombro & Manley LLP

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Is it possible to have a child support order adjusted?

On Behalf of | May 4, 2020 | Family Law

You and your former spouse went through the divorce process, and in the end, the court issued an order of financial support for your children. The initial order seemed to be working out for a while, but now, it is just not cutting it. This has you wondering if you can adjust your child support order.

According to California laws, the payor or payee can seek a child support modification under the right circumstances. There are two ways you can go about doing this:

Option number one: Talk it out

If you and your ex are in good standing, it may be possible for you to negotiate a support adjustment on your own or with the assistance of legal counsel. Once you agree to new terms, the modifications require court approval before they become active. You can receive approval without having to attend any court hearings, which can save you quite a bit of time and money, and it gives you a little more control over the final outcome.

Option number two: File an official modification request

There are those for whom talking things out with their exes is not an option or does not produce any positive results. If you find yourself in such a position, but you believe a support modification would best benefit you and your children, you may file an official request for the court to consider.

In order to receive approval, you must have a good reason for requesting the change. According to state laws, acceptable reasons for modifying an order of support include:

  • Income change
  • Job loss
  • Incarceration
  • Parenting time adjustment
  • Changes in children’s needs

There are a few others, but the overall theme here is that a change in circumstances must have occurred.

You do not have to figure this out on your own

Figuring out a child support order that works for your family can be a bit of a challenge. Thankfully, this is not something you have to do alone. With the right assistance, new terms may be negotiated quickly and submitted to court for approval, or an official request can be filed for court review. Regardless of which way ends up working for you, it is possible to create a new order that fits your family’s current situation.