Understanding the Child Support Modification Process
Attorney Drummond T. McCunn can help you modify a child support order in the event of a change in financial circumstances or responsibilities. Child support modification is appropriate in a number of situations, such as job loss, decrease of income, or increase of familial responsibilities. The team at McCunn Law in Granite Bay, CA, works with you to make sure your family's needs are met when changes in life occur.
What Is Child Support Modification?
When parents divorce, the court will enter certain orders regarding the children. Among these orders is the order to pay child support. The amount of support is determined by guidelines put in place by the court, and in some instances a deviation from those guidelines is appropriate.
Child support modification is appropriate when finances change. When your life changes, we help change your support order.
The same is true when there is a change in circumstances, giving rise to the need for one party to ask the court to change the support order. The request for change may be for an increase or decrease in what is being paid. The type of modification you seek depends on your circumstances, and our job is to present all relevant facts to the court for consideration and argue for a change that meets your needs.
What Circumstances Lead to Modifying Child Support?
In order to obtain a modification of child support, the party seeking the change has to present evidence of a change in circumstances. This can include:
- Loss of job or employment at a lower wage
- An increase in responsibilities, such as a remarriage and additional dependents needing support
- An increase in income, or receipt of money such as an inheritance
The court will look at the ability of both parents to provide support when a modification is requested, but will take the newly changed circumstances into consideration. Presenting clear evidence as to why the modification is appropriate is key, and our team maintains years of experience in this area.
How Can I Modify My Support?
To obtain a child support modification, a motion requesting the change has to be filed with the court. The other side has the opportunity to give the court their side of the circumstances and the judge will make the final decision. The parties can agree to the change, but the court will still need to approve a final modification. In those instances it is advisable to allow a qualified attorney to negotiate the modification on your behalf.
It is also possible the court may grant only a temporary change. This means the change is only a one time increase or decrease in the amount of support, or may be for a one time expenditure, such as braces or another healthcare need. In contrast, a permanent modification will be for the life of the obligation and the party responsible for paying will either pay a reduced or increased amount for the duration of the support order.
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