How to Request Child Support Modification
Child support modification is a legal proceeding in which an existing child support order is altered due to a change in circumstances. This change may be financial, marital, or related to incarceration. At Rombro & Associates in Manhattan Beach, CA, we can help you file for a child support modification and demonstrate to the court why the new order is necessary. As each family is unique, it is critical to retain the counsel of a knowledgeable family law attorney to ensure a favorable outcome. Contact us today to discuss your case with a child support modification attorney.
What Is Child Support Modification?
Child support is established in the case of divorce or separation. It is the amount of money that one parent must pay the other to help raise their child. The amount is determined based on a number of factors, including each parent's income, the amount of time the child spends with each parent, and the number of children involved.
A change in circumstances may be financial, marital, or related to incarceration.
Child support payments are established when the case is filed, but they can be changed later if one or both parents experiences a change in circumstances. Keep in mind that the current request will remain in order until the judge signs a new order. A verbal exchange with the other parent does not count as a binding agreement.
Common Reasons for a Child Support Modification
There are several circumstances under which a child support modification may be warranted:
- One parent has experienced a change in finances. This may relate to losing a job or receiving a promotion. Anytime the income level fluctuates significantly, a change in the amount of support being made is appropriate.
- The child's needs have changed as it relates to education, healthcare, or childcare.
- One of the parents remarries and takes on additional familial responsibilities. It is not unusual for parties to remarry after divorce. Asking for an adjustment in order to support other children is acceptable.
- One parent has been incarcerated. If a parent is in jail for more than 90 consecutive days, child support payments are automatically suspended.
You may request a permanent or temporary change to your child support payments depending on the circumstances.
How to Request Modification
The court is the only entity that can make a change to the amount of child support ordered. You will be required to file a request with the court to change the current support order and present evidence as to why the change is needed. If your request is due to a decrease in income, you will need to provide proof of income and the likely duration of this salary. If you believe your ex-spouse has received a significant raise, you may also request proof. A family law attorney can be an invaluable resource in this process.
Trust Our Team with Your Case
If you have experienced a change in circumstances and need to modify an existing child support order, we can help. Mr. Rombro has been handling these matters for over 40 years and can work with you to develop a strategy that fits your needs. To schedule an initial consultation, contact us online or call us at (310) 545-1900.
“I am very satisfied with Roger Rombro service. I now have more time with my kids and enjoying every bit of it. Not many attorneys you will find that truly cares about your issues. Roger sincerely does. Thank you so much Roger and team!” - Cash