Life changes and child support modification

A California parent who has gone through a divorce and who has been ordered to pay child support may seek a modification for a number of reasons. An injury, losing a job, a change in household income or a change in marital status could all be reasons that result in the need for child support modification. It is important for a parent who needs a modification in child support to avoid procrastinating. Child support modifications are rarely retroactive, and back child support payments cannot be discharged in bankruptcy.

A parent might want to seek legal advice to find out what constitutes a situation that would allow for a child support modification. If the other parent agrees, this could make the process easier since it means litigation will not be necessary. Parents who are not in agreement may be able to reach one using mediation.

The parent who plans to request the modification might want to document the circumstances around the need for it. This must be a change that happened after the existing child support order was in place. If the modification is due to a job loss, the parent should demonstrate an effort to find a new job. The child support modification then needs to be entered in the right court.

Child support is usually paid by a noncustodial parent to a custodial parent, so if there is a change in custody, there might also be a change in support. A custody change might happen if an older child decides to live with the other parent and the parents agree or if one parent is relocating. The court may also have to approve a relocation if it is to a place far enough away that custody and visitation will be disrupted.

No Comments

Leave a comment
Comment Information

Gavin & Dersch Law and Mediation

Vista Office
630 Alta Vista Drive, Suite 210
Vista, CA 92084

Phone: 760-691-1763
Fax: 760-941-4425
Vista Law Office Map

Del Mar Office
12636 High Bluff Drive, Suite 400
San Diego, CA 92130

Phone: 760-691-1763
Fax: 760-941-4425
Map & Directions

Schedule Consultation

Contact our attorneys today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy