During the divorce process, there are a number of factors that must be considered, including those involving child support. Child support amount and duration are determined by the judge overseeing the divorce case. These are both based on a number of factors. At the time of divorce, the judge will factor in income made by both parents, the needs of the children, medical and healthcare costs, custody and parenting time plans, and more. Once the judge decides the amount and duration of child support, the paying spouse will comply with that agreement barring any changes.
If something does change, though, it is possible for the paying spouse or the recipient to seek a modification. This process is available to parents who see a sudden change in circumstance that was not expected at the time the original order was decided. At Family Law Advocacy Group, our San Bernardino child support Lawyer want to make sure parents understand their rights when it comes to child support orders and the potential ways to modify the order. Before you decide you want to make a modification to the child support order, you should understand how to file for a modification.
Before you modify the order, you should know that you are eligible for modification if the amount of monthly child support must change by at least either 20% or $50, whichever is less. There are certain circumstances that must be present in order for you to request the modification. You can’t just make the change based on a want. Something has to change dramatically before you can seek an increase or decrease in child support.
The following circumstances may allow you to make a modification:
- As the non-custodial parent, you may seek a decrease if you lose your job, are demoted at work, receive fewer hours, you gain more custody, you are sentenced to prison or jail time, you become disabled, or you are deployed to active duty for the military.
- As the custodial parent, you can seek an increase in child support if the non-custodial parent receives a raise or promotion at work, the parenting time for the non-custodial parent is reduced, you become disabled, you lose your job, or the paying parent has a new source of income.
Before you can request a modification, you must take the necessary steps. This includes both parents receiving a modification packet. This packet will request information from the parents regarding their financial status and the parenting time. This gives the proper authorities the ability to determine if the request for modification is appropriate. If the modification is deemed appropriate, the parents will be told of the decision. A hearing date will be set and at the hearing, the judge will decide to either increase or decrease the amount, or deny the request for modification.
The non-custodial parent is still expected to pay the originally ordered support amount until a decision regarding modification is made. Make sure you have the proper paperwork you need to provide the information regarding financial status and to prove the change in circumstance.
If you are seeking a modification in a child support order, don’t go into the matter unprepared. Understand what you need to show to the court and what is considered appropriate before filing for a modification. Our San Bernardino child custody Attorney at Family Law Advocacy Group can guide you through the process so you go into the case prepared and ready to handle anything that comes your way. Call us today to get started on your case.
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