When is it appropriate for a parent to seek a post decree modification of child support? Our San Diego Family Courts are far too busy to hear every potential child support or child custody modification case. Our Family Courts have established requirements which must be met prior to the filing of a post decree modification of child support. There is a limit on the number of modification requests a party can make after their divorce. If the Court believes a motion for the modification of child support was not warranted the Judge may disqualify the applicant from submitting another request for an extended period of time.
Generally speaking, a request for post decree modification of child support in San Diego should be based upon a significant change in the “Status Quo.” Most Judges include a description of the “status quo” in within their divorce decrees. The status quo is basically documentation of each party’s existing financial status. In order to seek a modification of existing orders, the petitioner must be able to substantiate a significant change in the status quo.
The Court is usually looking for at least a ten percent change in the income of one of the parties, or a substantial change in employment. For example, has the payor of child support lost their job or had their hours substantially cut back due to the COVID-19 pandemic? Has the payor or recipient of child support found gainful employment or received a raise or bonus?
The Court will require a sound reason in order to even consider the post decree modification of child support. The Certified Family Law Specialists at Burke & Domercq carefully craft our request to the Court to substantiate the change in the status quo and acceptance of 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.