As situations change, sometimes the surrounding aspects must change as well. In the case of a divorce with children, some changes may require modifications in the child support requirement.
Whether a party is seeking a higher or lower payment, it is important to understand the factors that may affect the viability of receiving the said request. There are a few factors to consider that may help in determining if a child support modification is possible.
Courts put child support agreements in place to secure the means for proper care of children. The court takes the security of the wellbeing of children very seriously; therefore, they do not make modifications lightly. In fact, there are limited grounds where people can successfully secure a support modification. There are some emergency situations that limit the payee from being able to work, such as becoming incapacitated or incarcerated, during which the court may modify or suspend payments. In addition, other financial changes, such as unemployment for an extensive time or another change in job status, may also qualify for a modification.
The state of California provides guidelines and a payment calculator to help people estimate possible payments. This same calculator may be helpful in determining a modification amount that the courts may accept. Parents may use the calculator to determine the difference between the current amount and the request. If a parent’s financial standing has changed by at least 10 percent, then a modification may be possible.
Along with the grounds and calculations, there are additional factors that the courts may take into consideration when determining a modification arrangement. A knowledgeable attorney could be helpful in presenting a compelling argument that helps the clients receive the decision they seek.
These are a few important considerations when contemplating child support modifications. If you are considering making a request, take some time to review the guidelines and consider speaking with a professional to determine the best course of action.