Child support is commonly cited as the legal obligation in which a parent is forced to make consistent payments to support their child under the care of another parent. In most cases, child support is a straightforward edict a civil court. However, there could be issues relating to the feasibility of child support over a specific period of time. As a result, many individuals may seek to modify a child support order. Although this task involves an agreement from both parents to be successful, it’s entirely possible to change a child support order in California with the help of a modification and enforcement attorney.
Is It Necessary to Modify a Child Support Order in Court?
The short answer to this question is yes. It was previously mentioned that it takes the approval of both parents to forge a modification in a child support order. While that is true, the court has to formally notice this approval before any official change can be made. In many cases, a non-custodial parent may elect to simply cease making child support payments. Even if the custodial parent agrees to this, the non-custodial parent could still be prosecuted if the payments aren’t made.
Hence, it is completely necessary to visit your local clerk to inquire about how you can modify your existing child support order. If not, you could voluntarily put yourself at risk of receiving multiple legal infractions, even if you and the custodial parent have made an unofficial agreement.
Under What Circumstances Can a Child Support Order be Modified?
If an individual wants to pursue a change in their existing child support order, they will have to prove to the court that they have received a “change in circumstances.” This basically means that a non-custodial parent must show the court that he or she is unable to meet the requirements of an existing order due to a serious circumstance or event.
The following events constitute “change in circumstances” in California:
1.A Change in Income – Understandably, if there has been a change in income on both sides, the court could agree to grant an alteration to an existing child support order.
2.Incarceration – If a non-custodial parent is incarcerated, that individual could successfully file a request to modify a child support order, at least until he or she is released.
3.Unemployment – In the situation that an individual loses his or her job, they could also request to make changes to a child support order.
Other additional examples of “change in circumstances” could be if a parent had a child in another relationship or if the child’s needs change over time. Regardless of your situation, it is better to notify the court to modify a child support order instead of ignoring the order because of your inability to make the payments.
Information Needed to Change a Child Support Order
In order to properly modify a child support order, it’s best to visit your local modification and enforcement lawyer for assistance. If you request the assistance of an attorney, you will be asked to provide the following information.
*Incarceration Status (if applicable)
If both parents can agree on the nature of the changes, they can sign an agreement that will be sent to a judge in order for the changes to be made. Otherwise, you will have to schedule a court hearing and have a judge review your request and your provided information so that a decision can be made.