When a child support order is made in California, parents should understand that it is based on circumstances. The situation will determine how much is paid at the time of the order. If the situation changes, so too can the amount that is paid and received in child support. A child support modification can be done if the necessary conditions are in place. For parents who need to have an order modified, having legal advice is one of the most critical aspects of doing so successfully.
There are several reasons why a child support order can be modified. They are: if there is a rise or reduction in the earnings of either parent; if there is a change to the child custody agreement or the visitation time; if a parent is called to military service or deploys as a member of the military; or if there is a change with any other issue that will impact the child support guideline that was used to formulate the original amount.
Parents have the right to ask that a review of the child support order be conducted to determine if changes should be made. The request is required to be in writing with the reasons as to why the order should be modified. Major changes like a new job, a lost job, and changes to custody and visitation qualify for a review. If a person simply quit their job, it is not sufficient for a review.
The Local Child Support Agency (LCSA) needs the following information so a modification can be considered: the income and expenses; how much it costs for child care; the medical insurance situation; if there is disability being received; if the person is in jail; if he or she is unemployed; what the retirement income is; and what the arrangements are for child custody and visitation.
For the custodial and noncustodial parent, child support is a common worry. When there are reasons to change it, it is wise to understand how this can be done and follow the necessary steps so the LCSA will hear the case and make an informed decision. Calling a law firm that assists people with their child custody and support cases is a foundational aspect of a modification.