What Happens When a Change Affects Your Child Support?

Pierre Domercq Post Decree Modifications

What happens when life changes affect your child support? What if you lose your job or suffer a major illness and are unable to meet your obligations? What if the person receiving the support or the person paying the support has a significant increase or decrease in their income? How do you make modifications to child support after the divorce decree is issued in North County San Diego, Carlsbad, Encinitas or Oceanside?
Often, your divorce orders include a section on the “Status Quo” and a requirement for a substantial change in the status quo before a modification can occur. What is the status quo and what qualifies as a substantial change?
The “status quo” is how things were at the time of the divorce, including the income of both parties, their health, and the patterns of the childrent. In order to hear a request for modification our experienced post decree modification attorneys must prepare a brief that shares with the Court the specific circumstances that warrant a “substantial change” in that status quo.
The Court is looking for a change in the payor or recipient’s income of more than 10%, or the loss of a job as an example of status quo change. If the amount of parenting time has changed it may require an adjustment to child support. This can be the result of recovery from an addiction or an unexpected relocation for work.
Another common reason is a development in the life of a child. If a change in the needs or the best interests of a child have arisen the Court will almost always agree to hear the matter.
If you believe there is a valid reason to raise or lower the child support associated with your case or there has been a significant development in your life or the life of a child we invite you to contact us or call 760-712-3741 to schedule an appointment with one of our seasoned attorneys.