Child support orders are official and final. This means both parties must abide by the terms in the order, or face penalties. If a child support order is putting undue financial strain on one parent, or there is a change of circumstances, a temporary or permanent child support modification may be enacted. However, all child support modifications must be deemed in the child’s best interests.
In order to modify your child support order, you must request a modification in the same court where the original order was issued. Even if you and the other parent agree to modify it, you must still get formal approval from a judge. However, if you and the other parent do not agree on the modification, you will have to go to a formal hearing and present your case before a judge, who will examine the evidence and make a decision.
In general, courts will only grant child support modifications if there has been a significant change in circumstances. This may involve:
Remarriage of either parent
Permanent disability of either parent
Changes in the needs of the child
Furthermore, if there is a medical emergency or temporary loss of a job, the judge may grant a temporary child support modification to account for the changes. In California, child support is closely linked with child custody. This means, if a parent fails to seek court-ordered visitation or custody of the child, or prevents the other parent from having visitation or custody, he or she may have to pay more compensation to the other parent. Child support payments are determined based on the Income Shares model, the time each parent has with the child, and the best interests of the child.
Modify Your Child Support Order with the Help of Our Attorneys
Whether you are a paying parent or a receiving parent, Cage & Miles, LLP can provide knowledgeable legal assistance for your case. We stay up to date on federal and state laws regarding child support. Our team of San Diego family lawyers can analyze your situation and determine an effective legal strategy for your case as you seek a positive outcome.