Family Matters.
When It Really Matters.

You’ll Need Evidence to Request Changes in Child Support

On Behalf of | Oct 12, 2019 | Child Support

You will need evidence to request changes in child support here in Carlsbad.  A recent case has demonstrated the need to bring factual evidence when considering a request to modify existing child support orders.  California Courts require a significant change in circumstances known legally as the “status quo” before agreeing to hear a post decree modification case for child support based upon a orders in your North County or Carlsbad divorce.

A recent appeal in the sixth district has reinforced the importance of producing hard evidence in these cases.  The case in question involved a case where the husband was originally ordered to pay the wife roughly $4,000 a month in child support.  A year after the divorce was finalized the husband lost his job and showed a $63,000 loss in stock market investments.  The trial judge ordered a suspension of child support while both parties sought work.

Over a year later, the mother went back to the Court claiming the father had gainful employment according to the children’s dentist, who told her the children were covered under the father’s new health care plan at work.  The trial judge found for the mother and immediately reinstated the original support order retroactively.

The Sixth District reversed this decision.  The Appellate Court found the trial judge had imputed income to the father without any physical evidence of the new job or income.  While the mother had claimed that the father was re-employed and the California Department of Child Support Services (DCSS) was deducting child support from his income, neither the mother nor DCSS provided any evidence to support these claims to the trial court.

“Once Father disputed the allegation that he was working, it was incumbent on Mother and DCSS to bring forth evidence to prove their contentions,” the Court said.   If you intend to seek modifications to existing orders you will need evidence to request changes in child support or prove the actual change in circumstances or “Status Quo” in order to prevail.

The experienced post divorce decree modification attorneys at Burke & Domercq have decades of expertise in these cases.  If you are considering a request to modify child support obligations in Carlsbad we invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.