Child support is intended to help offset the expenses of caring for a child for the custodial parent. Typically, the non-custodial parent will be ordered to pay some amount of child support, based on their wages, earning ability, and the number of children included in the support order. Circumstances can change, however, and what once was a reasonable payment amount may no longer fit your situation. There are certain changes of circumstance that may be eligible for modification of child support orders.
HOW TO MODIFY A CHILD SUPPORT ORDER
In order to change your child support payments, you will need to petition the court that originally granted the child support order. Your child custody lawyer can help you complete and submit your petition to the court. If you and the other parent have been able to agree on a modification on your own, the petition will allow the court to approve your solution and make it legally binding.
If you were not able to agree on the changes with your child's other parent, you will need to request a hearing in front of the judge. At this hearing, you will both be given the chance to present arguments regarding your proposed modifications. It is unlikely that the court will provide modifications for your child support order unless you are able to demonstrate a significant change in circumstances which make it necessary to modify the order.
Modifications can be temporary or permanent, so it is possible that you may be able to request a temporary modification to accommodate an emergency situation, such as the loss of a job or injury. Temporary modifications can also be made to accommodate the child's needs, such as medical care or a medical emergency of the custodial parent. This modification may also be paired with a temporary custody order modification, if needed.
WHAT CIRCUMSTANCES ALLOW FOR MODIFICATION?
You will need to demonstrate that you have experienced a qualifying life circumstance that requires modification of your child custody orders. These situations may include:
- Loss of employment
- Injury or hospitalization of either parent
- Injury or medical care for the child
- Permanent disability of either parent
- The changing needs of the child
- Job changes of either parent
- Remarriage of the custodial parent
- Custody changes
SPEAK WITH OUR MURRIETA CHILD SUPPORT ATTORNEYS - (951) 643-0085
Child support orders can be challenging to modify, but our Murrieta child support lawyers are familiar with the process of petitioning for a modification and defending your side of the case. At Westover Law Group, you have access to courtroom savvy, caring, experienced family law attorneys. We are available to take your call 24 hours a day, 7 days a week.
Don't wait to get help with your child support modification case. Schedule a complimentary consultation with our award-winning legal team. Contact our offices by calling (951) 643-0085.