Why do we have child support and under what conditions is child support to be modified? Parents in California are financially responsible for the support of their kids after a divorce. The purpose of child support is to ensure each child has the financial support necessary to provide for their needs of food, clothing, shelter and health.
Child support orders may not be necessary if both parents are going to share equal custody of their child(ren) and have roughly equivalent earning power. However, if there is a financial imbalance between the parties or if one of the parents is going to assume more of the physical custody then child support orders are in order.
Change is one of the certainties of life and 2020 has been a lesson for all of us in adapting to massive change. Changes in the life of the child, parenting time and a rise or fall in the income of either parent are required for child support to be modified.
Child support will not automatically go up or down depending on the actual income of the parties. If there is a change in the “status quo” one of the parties must approach the Court to request a post-decree modification of child support.
A loss of job or a severe cut in hours will result in a substantial loss of income. However, a strong sales year or performance which is rewarded with a raise, bonus, commissions (or all 3) can also justify a request for child support to be modified.
The Court requires a substantiated reason to consider the modifications in your child support. This is why it is important to contact the Certified Family Law Specialists at Burke & Domercq.
The Court will need to be persuaded that a substantial change in the status quo has occurred. This may be the result of a change in a child’s needs, an increase or reduction in income for either party, the loss of a job, a promotion of a change in the underlying parenting time orders.
Do you believe there is a reason for child support to be modified in your case? Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.