Either parent may be able to petition to alter the amount of child support if there has been a substantial change of circumstances.
Who can ask for a child support modification?
The custodial parent may seek an increase based on increased income of the other parent or changes to the State support guidelines.
The non-custodial parent may seek a reduction if their income has been reduced through no fault of their own, such as unemployment or a downturn in business. Goldberg Jones can assist in filing a Modification or defending against a Modification.
How Can I Qualify To Modify My Support Payments?
Once it’s in place, it is technically possible to modify child support, but once child support payments are in place, the courts are often reluctant to modify existing orders.
It is possible to modify child support in certain situations.
These include:
- When one or both parents’ income changes. This can be an increase or decrease.
- When one parent loses his or her job.
- When one parent goes to jail or is involuntarily institutionalized for more than 90 days.
- When one parent has a new child from another relationship.
- When parenting time changes significantly.
- When the child’s needs change.
- When other factors used to determine child support change.
It can and will most likely be a long, expensive process. An uphill battle in the best of times, even if you go through all the steps, you may not like what you find at the end.
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Related Reading: How Is Child Support Calculated In California?