Can you seek changes to child support orders after a divorce decree in Carlsbad, North County or anywhere in San Diego? The general answer to this question is “yes” but you must have a reason for requesting an increase or decrease and you must be able to prove to the Court that a substantial change in circumstances or the “Status Quo” has occurred. This is why it is so important to consult the Certified Family Law Specialists at Burke & Domercq if you have questions regarding post-decree modifications to child support.
Changes to child support orders after a divorce decree in San Diego are a common request of the Family Courts in North County and San Diego. However, our Family Court dockets are heavily backlogged, especially after the impact of the pandemic. Therefore, you not only have to file a case seeking the desired changes in child support, you have to provide the Court with evidence of the substantial change(s) which require the Court’s attention and consideration.
One of the most common reasons to seek changes to child support orders after a divorce decree is a substantial increase or decrease (more than + or – 10%) in the income of the payor of child support. Has the payor recently lost their job? Has a change in the economy affected the earnings of a sales professional or employee? Has exceptional performance resulted in a substantial raise or promotion at work? Has there been a substantial change in the amount of time the payor is spending with the child(ren)?
Another common reason is a substantial change in the needs of a supported child. This might pertain to a medical condition, special needs, or even the fact that a supported child has reached the age of majority.
If the parties agree upon the change the process can usually be straight forward when managed by our office. The Court must approve any agreed upon changes. Making changes to how you pay child support without supporting Court Orders opens the payor up to substantial legal risk. If you need to request an increase or decrease in existing child support orders 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.