Can I modify my Child Support Orders at a later time?
A judge makes a child support order in a California divorce based on the best interests of the child and the financial situations of the parents. If there is a significant change in circumstances for either parent or for the child, the order can be legally modified to fit the new circumstances. It is always best to have a top Orange County family lawyer on your side to protect your rights and your child’s rights during the modification of a child custody order.
Under Which Circumstances Can a California Child Custody Order Be Modified?
One common change in circumstances that may alter the child support order is a change in income. If the paying parent is earning less than at the time of the original order, the child support order can be modified to reflect that by lowering the payments. If the parent who has custody of the child is earning less than at the time of the original order, the child support order can be modified so that the payments are higher.
Promotions, loss of job, incarceration, disabilities, and deployment to active military service can all affect a parent’s income and ability to pay child support or provide care for the child. In any of these cases, it is important to modify the child support order as soon as possible so that the child’s best interests are protected.
If the child’s needs change, the child could require more money from either or both parents for health care or education. A child support order can be modified to reflect this change in need.
Child support depends, to an extent, on child custody and visitation. When a child spends the majority of his or her time with one parent, the parent who does not have physical custody usually makes payments. In the case that the child starts to spend more time with the other parent, payments may be lowered, or reversed, so that the parent who is spending the most time with the child is receiving payments rather than making them.
In some cases, the original child support order is incorrectly calculated. In this case, a review and correction of the original order is made in the form of a modification.
A child support order can be modified if either parent has another child after their divorce.
How Do I Modify a Child Support Order if My Circumstances Have Changed?
The first step in modifying a child support order is contacting a knowledgeable family law attorney in the OC. The compassionate team at Yanez & Associates will keep your child’s best interests in mind throughout the process of modification, and we can help you modify your child support order to fit the needs of your changing family. Contact us today for a free initial consultation.