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 or marital. At Rombro & Manley LLP in Manhattan Beach, California, 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 lawyer to ensure a favorable outcome.
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.
Child support payments are established when the case is filed, but they can be changed later if one or both parents experience a material change in circumstances. Keep in mind that the current order will remain in effect until the judge signs a new order on the request for lower child support payments. A verbal exchange with the other parent to reduce child support does not count as a binding agreement.
The new order cannot be effective to a date before the date you file the request for order on the other parent. If you experience financial changes in circumstances, do not delay.
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 changes significantly, a different amount support is appropriate.
- The child’s needs have changed as it relates to education, health care or child care.
- 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.
You may request a permanent or temporary change to your child support payments depending on the circumstances.
How To Request Modification
Only the court 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. Our attorneys have been handling these matters for over 40 years and can work with you to develop a strategy that fits your needs.