When are child support modifications possible in San Diego and what factors determine a successful modification request?
Let’s first review the purpose for child support under California family law. California law requires each parent to be responsible for the well being of their child. This extends to the basics of food, clothing and shelter as well as items such as health care, child care, education and even extra-curricular activities.
Child support in California is usually based upon the State’s child support calculator, and adjusted by the agreement of the parties, the orders of the Court or both. Child support is usually in order when there is an income disparity between the two co-parents, or when the parenting time allocation to each co-parent is not equal. Usually a parent who has less parenting time with a child will pay more child support than in the same circumstances when parenting time is more equally shared.
The Court is reluctant to hear requests for a change in child support unless there has been a significant change in the “Status Quo” since your divorce. The status quo relates to the needs of the child, the disparity of income between the parties and the amount of parenting time each co-parent provides. What makes child support modifications possible in San Diego is a significant change in the Status Quo.
The most obvious reason to request modification of child support is a change in the needs of the child. Perhaps one of the co-parents has lost their job, or experienced a significant increase or decrease in income. In other cases the Court has ordered or the parties may have agreed to modify the amount of parenting time to allow the child to spend equal time with each parent. Other changes to the Status Quo may include the impact of taxes, incarceration, or the re-marriage of one of the co-parents.
The party requesting the modification to child support has the duty to demonstrate or prove the Status Quo has significantly changed. There will also need to be a substantial change in the actual amount of the support (more than 20% of the amount presently ordered).
If you have questions about what makes child support modifications possible in San Diego we invite you to 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.