One of the most common questions that both custodial parents and parents ordered to pay child support ask is whether it is possible to modify a child support award either upwards or downwards. Family law courts in California will allow for a modification of child support order either when the paying parent needs to have the amount adjusted lower or when the parent receiving the child support on behalf of the children needs the amount adjusted higher. That said, the courts will require either party to provide evidence that there is a “change in circumstance” which justifies the modification. Thus, you cannot go to the court asking for a higher or lower award simply because you were not happy with the original order if no significant change in circumstance has occurred since the original order. So what types of situations will justify a modification in a child support award? Below are some of the most common.
The Paying Parent Has Lost His or Her Job or Income
If the parent responsible for paying the child support either lost his or her job or has reduced income (e.g. when the parent is a freelancer/entrepreneur), then the court may reduce the amount owed in child support. The burden is on that parent to let the court know as soon as possible and ask for a modification, as modifications are not retroactive.
The Paying Parent Has Higher Income / Obtained a Job
Likewise, if the paying parent now has significantly higher income, the receiving parent can petition the court for a modification upwards.
The Receiving Parent Now Has Higher or Lower Income
If the parent who is receiving the income on behalf of the child either loses a job or suffers reduced income, that parent can ask the court for an increased child support award, even if the paying parent’s income has not changed. Similarly, if the receiving parent now has a higher income, the paying parent can ask for a lower support award.
The Children Have Increased or Decreased Needs
Because the children are ultimately the ones who are benefitted by child support awards, their changed needs can affect the amount the court will award. These expenses could relate to medical, educational, or care needs, but, importantly, they must be costs that were not contemplated at the time the original award was made.
The Paying Parent Had Another Child With a Different Person
When the paying parent has another child in a separate relationship, the courts will consider the financial obligations that parent has to the new child and may adjust the award to the first child (or children) downwards.
There Has Been a Change in the Custodial Arrangement
Sometimes an original custodial arrangement as set forth in a custody decree can change as the child spends more or less time with one parent. Even if there is not a new custody order, this changed dynamic can justify an award modification if one parent is taking on more responsibility in caring and paying for the child.
Legal Help is Available in Your California Child Support Matter
Obtaining a modification in a child support award will require going to court, and working with an experienced family law attorney can greatly increase your chances of success. At the Law Office of Kelley C. Finan in Torrance, we work exclusively in family law matters. Contact us today at 424-255-3797 to schedule a consultation to talk about we can help you obtaining a modification in a California child support award.