After a divorce agreement has been signed, it is sometimes necessary to make changes. But ex-spouses are seldom amenable to modifications. If you need a child support modification or other change to a divorce decree, you need a strong, experienced family law attorney in Sacramento.
Child support orders can be modified to meet changed needs in the parents’ or child’s life. Either parent can petition the court for a modification. The court will then determine whether there has been a significant and material change in circumstances either concerning the child’s needs or the payor parent’s ability to financially meet his or her obligations.
In child support cases, you need to show a substantial change in your circumstances in order to increase or reduce your payments. Our Sacramento Child Support Modification Attorneys have had success helping clients looking to modify their child support when new circumstances arise, including:
- New obligations to support a child from a different marriage or relationship
- Change in the amount of visitation time a noncustodial parent spends with the supported child or children
- Change in the medical or educational circumstances of the supported child
- Significant change in the receiving spouse’s income
- Involuntary loss of employment by the paying spouse
- Your children have been moved out of the jurisdiction and your parenting time has been greatly affected
- Your child has moved in with the non-custodial parent and the original percentage of parenting time has been greatly affected
- A child has special educational or religious needs, agreed to by both parents
- Special health care considerations of the child
- An increase or decrease in income of either party, if the child’s welfare will be affected
Long after a divorce or separation agreement is finalized, modifications in child support orders may be required. A parent may lose a job, or a child may suffer health concerns, among other things that require a modification of the original financial support. We can help obtain the modification and work out a new agreement that better fits the current situation.
Failure to pay child support can create substantial legal complications. Not only could your wages be garnished and your assets seized, you could have your driver’s license suspended and be thrown in jail. If unemployment or illness has impacted your ability to pay child support, our attorneys can prepare all necessary documentation needed by the court in requesting a modification of your child support obligations.
Child support in the state of California is determined by California Family Code §4055 – Statewide Uniform Guidelines for Determining Child Support. This formula takes into consideration such things as gross income, payroll deductions, and taxes when determining the amount of child support. However, the formula can be complicated by other factors such as child support to children from a previous marriage, the value of a closely held business, or the value of an high asset estate.