Child support is ordered by California family law courts to ensure that each parent financially contributes to their child’s well-being. In general, one parent will be ordered to provide child support payments to the child’s other parent based on several factors, such as the child’s needs, custody, and each parent’s ability to provide financial support.
To change a child support order, you need to file a petition with the court seeking to modify the current order. California child support attorney Bruce A. Mandel works closely with clients on all types of family law cases, including child support modification matters. He understands that child support changes are sometimes necessary to ensure that parents adequately and fairly contribute to their children’s needs.
Establishing Child Support
As mentioned above, parents are expected to contribute to the cost of raising their children. In California, child support calculations are based on each family’s unique circumstances, such as where the child lives most of the time, which parent provides health insurance, each parent’s income and ability to earn an income, the child’s needs, and other factors.
Parents can agree to child support payment amounts pending court approval. If parents cannot agree to child support payments, California family law courts will order support terms based on family circumstances and the state child support guidelines. Once child support is established, the terms can only be changed with a request and order for modification.
Justification For Child Support Changes
To justify a child support modification request, you must show the court that changing the child support order is appropriate because the amount of support ordered is below the state guideline amount or there has been a substantial change in circumstances. In most cases, child support modification requests are based on changed circumstances.
Common reasons to change child support orders include the following:
- An increase or decrease in income
- Job loss
- Disability or other health problems
- A change in the child’s needs, such as increased healthcare or educational expenses
- Changes in custody and visitation
- Incarceration
- Familial changes, such as a parent getting married or having another child
- Military deployment
Requesting Child Support Modification
Many parents seek child support modification hoping to reduce the amount they are required to pay in support or increase the amount they are entitled to receive. It is important to be cautious when seeking modification because there is always a chance that additional factors could impact the modification terms.
For example, you might ask the court to increase the amount of support you receive based on an increase in your child’s needs. If your child’s other parent reports changed circumstances in response to your request, such as decreased income, the court might order a reduction in the amount of support you are entitled to receive.
Estimating Your Child Support Rights And Obligations
California’s child support guidelines calculator is a useful tool to help you determine the amount of support that a family law judge will order in your case. California courts have the ultimate decision-making authority in child support matters, but a judge must have a reason to depart from the state support guidelines.
Entering the correct and complete information into the calculator can be complicated. An attorney or family law facilitator can help estimate your child support rights and obligations based on your familial circumstances. This will help you decide whether seeking a modification of child support is in your best interests.
The Child Support Modification Process
The process of modifying support depends on whether the parents agree to a changed amount. When parents agree to a child support change, they submit a stipulation to the court with the new terms. Upon judicial approval, the stipulation terms become a new child support order.
When parents do not agree to child support modification, the party seeking changes files a motion to modify support with the court. The judge will review all supporting evidence, hear from both sides, and make a decision about modifying the amount of support.
Contact A California Child Support Modification Attorney
If you, your child, or your child’s other parent has experienced a significant change in circumstances, contact California child support modification attorney Bruce A. Mandel at 424-250-9130 or online.
He has helped clients in child support and other family law matters for more than 30 years. He understands California’s child support laws and will help you determine if asking the court for a modification is right for you.
Follow the Law Offices of Bruce A. Mandel on Facebook for more information about Bruce and his family law practice.
