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Changing A Child Support Order

Many people nowadays have trouble meeting child support payment requirements due to change in their living or professional circumstances. If you receive or pay child support, they could be a time when you feel that the support order must be changed. You can make this happen.

Parents and the modification of support

The first step you must make is to see whether you and your spouse can reach an agreement to modify relevant child support terms. If this is possible, you can simply request a judge to approve such a change. This will be done without any hassle. There will be a problem only if the amount is less than what the State of California has stated in such a case. If this is the case, you must give a detailed explanation of why you are doing this and how can the new amount will provide for the support of the child.

Requesting the court to modify support

If you and your ex-spouse cannot agree on the change, you will require to ask for the appropriate court hearing. Both you and your ex could argue for the appropriate amount. The general rule is that for getting a modification you must show that something about your own circumstances have changed from the time the court gave the existing and last order. The court, depending in nature of changed circumstances, may grant a modification. The list of changes which will provide a temporary modification include the medical emergency of the child, the temporary inability of the payer to pay or temporary medical or financial hardship on the recipient parent’s part.

You may get a modification if either one of you change to a new job or lose the existing one and get a markedly different income. Another condition will be if any of you remarries and the income of the new spouse significantly jacks up the income of the household.  Modification will also be given if there is an increase in the cost of living or either one of you suffers a disability. It can also be done if the needs of he child change significantly or there is a change in the child support laws. The permanent modification of the child support order will be kept in place until the time the support is not needed or if the order gets modified due to changed circumstances.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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