In the state of California, child support modification is something that can occur
if the court thinks it's necessary. No matter how much support is ordered
initially, it can be changed. It can be lowered or raised depending on several
different factors relating to the child's needs.
The parents also have no say in when or whether or not support modification
can take place. The court has the final say on the matter and will make the change if it sees that the circumstances (of the non-custodial parent, the custodial parent, or the child) have changed.
The amount of child support is figured according to a calculation known as the
California Child Support Guideline. It's an equation that determines the amount
of child support. There are add-on amounts like visitation travel expenses and
other expenses deemed "for the child," which are considered in the child's best interests.
Once the amount of support is set, changes in circumstances must be present for
the California child support modification to take place. These are determined on
a case-by-case basis because there are no set, specific guidelines on how
significant any circumstance changes must be to warrant reviewing the case.
The California family law court can also base child support on a parent's income potential rather than actual income. This sometimes causes a modification in
cases where it's believed the non-custodial parent is attempting to avoid paying child support or by earning below his or her ability. If the ability & potential to work for a certain income is there, the court can base child support on that amount, whether or not the parent is actually earning that income at the time.
There are very obvious cases where child support modification might be called
for when the non-custodial parent spends more time with the child or becomes
more physically responsible for the child. This could cause a lowering of the
support amount since that parent has increased expenses involved with more
care for the child, and the custodial parent has fewer expenses because the other
parent has the child for more duration.
A non-custodial parent's ability to pay could change, or the custodial parent's financial situation could change. Neither of those situations ensures an
automatic child support modification, but they are grounds for reviewing the
amount to see if modification is necessary.
If the non-custodial parent has an increase in income, the chances are good that
the support amount could be increased because the court believes that the child
has a right to a share of each parent's standard of living. When that increases for the obligor-the parent who pays support-it should increase for the child, as well.
Determining a Change in Circumstances While divorced parents might not be completely open to talking about each other's financial situation, each parent has the right to be aware of the other's financial situation so that requests for child support modification can be made.
Once a year, each parent may request the other's tax returns from the previous
year and an income and expense declaration. Once this is requested, if it's not
produced within 35 days or if the information is incomplete, then the requesting
parent can get an income statement from the other parent's employer.
Family law disputes can be distressing & daunting. However, before taking on
to divorce, order modification, child custody, or all other important legal
matters, it would be smart & helpful to get the best legal advice. Contact the
office of Fizer Law, the finest attorney for Modification Of Order in Long
Beach, California, at 1~562~270~9944.