If you’ve been collecting child support payments for the care of a child from another parent but still not making ends meet, or perhaps your child is not enjoying the financial security he or she should have based on the current economic stability of the other parent, you may be entitled to a modification in your child support payment. Or perhaps you have been paying child support to another parent, and either your situation or their situation has changed such that it no longer makes sense to pay the same rate you’ve been paying. Naturally, you are probably dealing with financial struggles which are at the very heart of your need for a child support modification, and so you might ask the question of whether you need to hire a lawyer in order to obtain the child support modification you are seeking.
The short answer is “not necessarily,” but working with an experienced child support attorney who has years of experience in successfully navigating the California family courts can improve your chances for putting your best argument forward for why a modification is justified, and can streamline the process to avoid delay in getting the modification you seek.
How Do I Get a Child Support Modification in California?
The first step in obtaining a child support modification in California is to file a motion with a court requesting the modification (this can be done even if the child support was awarded in another state, but that is a longer process). The court will request financial information from both parents reflecting their income and expenses. To make a modification (or termination) of child support, the court will want to see that there has been significantly changed circumstances in the financial picture of either or both parties which justifies the modification. A changed circumstance justifying modification can include an analysis of several factors, including:
- Whether a parents has lost a job, or gotten a new job
- If either or both parents have seen a large increase or drop in income
- Changed needs on the part of the child, such as healthcare or schooling costs
- The amount of time each parent is spending with and taking care of the child
How an Attorney Can Help in Your Modification Action
Again, the key factor that a court is looking at in deciding whether to modify the award is whether the circumstances have changed so significantly that a modification is justified. You are not required to have an attorney file and argue a modification action, but an experienced family law attorney will know what the court is looking for in justifying the modification, how to collect and present the evidence supporting your motion, and how best to argue your motion in front of the judge.
At The Law Office of Kelley C. Finan, we have years of experience helping parents file and win modifications to their child support orders. Call us today to see how we can help you.