Modifications to Child Support Orders

How to Modify Support Orders in CA

In a divorce case, a judge may order child support payments from one spouse to another for the purpose of compensation. These payments are designed tohelp cover costs such as food, clothing, housing, education and others. The court will take many factors into consideration such as both parents' income, the non-custodial parent's ability to make payments, as well as the custodial parent ability to provide for the child or children on their own. Additionally, the child custody orders will be considered to determine which parent needs the support payments. After these support orders have been given, circumstances sometimes change and you may find that the current payments are too much for you to make. Likewise, you may not be receiving enough money from your ex-spouse or partner, making it impossible to properly care for your child.

If you are struggling to make payments or if the current payments are not enough, then you may be able to obtain a modification to the support order. In order to obtain a modification from the court you will need to show a change in circumstances that requires or allows for a modified arrangement.

How Can You Modify Your Child Support Payments?

There are two types of modifications that you can pursue: temporary and permanent. For temporary modifications, this is typically related to a sudden financial hardship, illness, or medical emergency for either one or both parents. Additionally, if the child gets injured or experiences a temporary illness, this could also result in a provisional change in support payments.

• Permanent modifications may occur when a significant, long-standing situation arises to either one of the parents or the child. This may include items such as:
• Drastic increase in the general cost of living
• Substantial change in income for either parent
• Changes in the cost of caring for the child or children, including daycare, health insurance, school and other activities
• Sudden medical condition occurs to the child, causing a higher and more involved level of medical care
• Disability suffered by either parent that now hinders their work performance or ability to perform day-to-day life
• Huge increase in age since the original support arrangement was created

Speak with a qualified family law attorney at The Hunter Law Group to learn more about the specifications of child support modification cases. Especially in cases when your ex-spouse does not agree that a modification is necessary, you will need to file for a motion to modify. At that point you will then have to attend a hearing where you can present your request before a judge. They will require you to prove the claims you are making. You will also need to provide items such as medical bills, doctor's statements, unemployment paperwork or proof of extraneous bills that are causing the need for modification.