If both of the parties are in agreement to a change appropriate documentation should be submitted to the Court for review and approval. The Judge has the authority to approve the agreement and issue new orders or to reject it.
Can you ask the Court to raise or lower child support at any point after a divorce, even if the other party is not in agreement? Generally speaking, our San Diego Family Courts will consider hearing a modification of child support case if there has been a significant change in the “Status Quo” since the orders were issued.
The Certified Family Law Specialists at Burke & Domercq must submit a motion for a change in child support along with documentation which basically substantiates the reason for the requested change. Appropriate reasons include but are not limited to:
- The income of either the payor or recipient has substantially changed (more than 10% either way)
- The payor has lost their job
- The needs of the child for support have changed (i.e. a medical development, childcare or education)
- The parties have agreed to or the Court has ordered a change in the amount of time the children spend with the payor of child support
- The recipient remarries or enters cohabitation which reduces the need for child support
- Incarceration of a parent
The Family Court does not have time in the docket to hear every request for a modification of child support. If you have experienced a substantial change in the Status Quo and need to ask the Court to raise or lower child support after your divorce we can help.
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.