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What Happens When Life Changes Affect Your Ability to Pay Child Support?

On Behalf of | Sep 28, 2019 | Post Decree Modifications

What happens when life changes affect your ability to pay child support?  What if you lose your job or suffer a major illness?  What if you simply make less money and are unable to meet your child support obligations?  What if the person receiving the support or the parent 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 basically a description of the lifestyle and economic position of the parties at the time of the divorce.  This includes the income of both parties, their health, and the activities and needs of the children.  Carlsbad and California family law courts will not agree to hear a request for modification unless there has been a substantial change to the status quo.

Change is inevitable and many life changes affect your ability to pay child support.  The Certified Family Law Specialists at Burke & Domercq will help you to seek post decree modifications to child support and/or spousal support.

Our experienced attorneys must prepare a brief which effectively documents a “substantial change” in that status quo.

Generally speaking, 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.  This can also be the result of recovery from an addiction or an unexpected relocation for work.  If the amount of parenting time has changed it may require an adjustment to child support.

Another common reason is a development in the life of your 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.

When life changes affect your ability to pay child support you need an experienced attorney to seek changes in existing orders.  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 Burke & Domercq or call 760-389-3927 to learn more and schedule an appointment with one of our seasoned attorneys.