There are a variety of reasons why a child support amount ordered may be unreasonable for the payor to pay each month. California child support is calculated off of a standard statewide formula that takes into account mainly parental income and the residential time distribution of the child between the two parents. Both of these significant factors can easily change after the date the order is put into effect.
As children grow up, the time they spend with each parent can change and parental income often changes over the years. Either of these changes can result in child support being raised or lowered, according to the change in circumstances. Child support can only be change, or modified, if there is a demonstrable and significant change in circumstances that results in the amount ordered being unreasonably low or high.
That being said, you cannot modify your child support order simply because you feel it is too high. In most child support cases, the amount ordered will not deviate from the standard calculation. So, unless your financial circumstances significantly change or the residential time distribution is greatly affected, your child support may not lower.
If you lose your job, suddenly make less money or have other reasons why your child support amount is too high, take action immediately. The other parent may be able to take action against your wages and/or assets if you fail to pay. Without modifying your child support order with the court, you will still be liable to pay the original amount, regardless of your ability. Child support not paid, also called back child support or arrears, will need to be paid back and with interest. You may be able to get this amount reduced in certain circumstances.
Consult with an experienced family law attorney about a child support modification as soon as your financial circumstances significantly change. They will be able to advise you on whether you may have your child support amount lowered or raised. They can help you file for a child support modification quickly, thus changing the support amount as soon as possible. Keep in mind that filing for a modification may not always work in your favor. Your modification may not be granted however an experienced family law attorney will give you the best chance at reducing your child support order.
Are you in Los Angeles County and have questions about modifying child support? Attorney Mark Karney, a Certified Family Law Specialist, has expertise in complex child support issues and can represent you and your best interests in court. Serving Los Angeles, Beverly Hills and surrounding areas, Mark Karney can efficiently handle your complex divorce and ensure you have reasonable and fair orders in place. Call our office at (310) 393-0236; email us at email@example.com or contact us through our online form today to schedule a free consultation.Related Posts: Will a Bonus be Considered Income? | What is Considered Income for Child Support Purposes? | How is Spousal Support Determined? | How is Child Support Calculated? |