| In the state of California, child support modification | | | | change, or the custodial parent's financial situation |
| is something that can happen if the court thinks | | | | could change. Neither of those situations ensures |
| it's necessary. No matter how much support is | | | | an automatic child support modification but they |
| ordered initially, this can be changed. It can be | | | | are grounds for reviewing the amount to see if |
| lowered or raised at a later date depending on | | | | modification is necessary. If the non-custodial |
| several different factors relating to the child's | | | | parent has an increase in income, chances are |
| needs. The parents also have no say in when or | | | | good that the support amount could be increased, |
| whether or not support modification can take | | | | because the court believes that the child has a |
| place, though a request can be filed. The court | | | | right to a share of each parent's standard of living. |
| has the final say on the matter, and will make | | | | When that increases for the obligor-the parent |
| change if it sees that the circumstances (of the | | | | who pays support-it should increase for the child, |
| non-custodial parent, the custodial parent or the | | | | as well. |
| child) have changed. | | | | When the obligor's situation changes for the |
| The amount of child support is figured according | | | | worse, he or she can petition the court for a |
| to a calculating known as the California Child | | | | lowering of support based on hardship. This can |
| Support Guideline. It's an equation that determines | | | | come about for a variety of reasons like illness, |
| the amount of child support by multiplying the | | | | inability to work, or the support of other children. |
| percent of time the highest earner is responsible | | | | Debt, however, isn't a factor in this equation, |
| for the child financially by the parents' combined | | | | because child support is considered a priority |
| disposable income and subtracting that from the | | | | above any type of debt. And a third party (a |
| high earner's disposable income. There are add-on | | | | new spouse for either parent) won't affect the |
| amounts like visitation travel expenses, and other | | | | support either, except under the most extreme |
| expenses that are deemed "for the child" because | | | | circumstances. |
| it allows more visitation which is considered in the | | | | Determining a Change in Circumstances |
| best interests of the child, for instance. | | | | While divorced parents might not be completely |
| Once the amount of the support is set, changes | | | | open to talking about each other's financial |
| in circumstances must be present for the | | | | situation, each parent has the right to be aware |
| California child support modification to take place. | | | | the financial situation of the other so that |
| And these are determined on a case by case | | | | requests in child support modification can be |
| basis, because there are no set, specific guidelines | | | | made. Once a year, each parent may request the |
| on how large any changes in circumstance must | | | | other's tax returns from the previous year, and |
| be to warrant reviewing the case. | | | | an income and expense declaration. Once this is |
| The California court can also based child support | | | | requested, if it's not produce within 35 days or if |
| on a parent's income potential, rather than actual | | | | the information is incomplete, then the requesting |
| income. This sometimes causes a modification in | | | | parent can get an income statement from the |
| cases where it's believed the non-custodial parent | | | | other parent's employer. |
| is attempting to avoid paying child support or as | | | | Disclaimer - The materials contained in this article |
| much, by earning below his or her ability. If the | | | | have been prepared for informational purposes |
| ability to work and the potential to work for a | | | | only. The information contained is general in |
| certain income is there, the court can base child | | | | nature, and may not apply to particular factual or |
| support on that amount, whether or not the | | | | legal circumstances. In any event, the materials do |
| parent is actually earning that income at the time. | | | | not constitute legal advice or opinions and should |
| Very obvious cases were child support | | | | not be relied up on as such. Transmission of the |
| modification might be called for are when the | | | | information is not intended to create, and receipt |
| non-custodial parent spends more time with the | | | | does not constitute, an attorney-client relationship. |
| child or becomes more physically responsible for | | | | Internet subscribers and online readers should not |
| the child. This could cause a lowering of the | | | | act upon any information in this web site without |
| support amount, since that parent has increased | | | | seeking professional counsel. This communication is |
| expenses involved with more care for the child, | | | | an "Advertisement" as defined by The Rules of |
| and the custodial parent has fewer expenses | | | | Professional Conduct and California Business and |
| because the other parent has the child more. | | | | Professions Code. |
| A non-custodial parent's ability to pay could | | | | |