California parents are legally obligated to financially support their children until they reach adulthood, but some parents may find it difficult to keep up with this obligation. Whether you cannot make payments due to new circumstances or you find that the current amount of support is not sufficient, you need to know how to modify an existing child support order.
The primary concern of any parent should be the welfare of his or her child or children. This should hold true even during or after a divorce. Unfortunately, this may be a time when one parent loses sight of that guiding principal in an effort to alter the outcome of a child support payment decision.
At the time of your divorce, you and your ex-spouse likely came to agreeable terms for child support. However, because circumstances can change throughout your life, terms that were once feasible to handle may become more difficult to abide by. If your child support agreement becomes a hindrance that seriously impacts your life, you may wish to consider seeking changes to your agreement.
When a California court orders you to pay child support, the amount is based on a complex formula which takes into consideration many relevant factors. One important factor is the income of the supporting parent.
Life can be difficult after divorce, and things get even messier when things change and one or both parties has to ask for a modification to a child support agreement. California law looks at a number of potential changes in circumstances that can lead to an increase or decrease in child support payments, and parents have the option of working out a new agreement on their own that is signed by a judge, or going back to court. It is important that the party seeking the change do so officially, rather than based on just the word of the other parent. Verbal agreements are not legally binding in custody payment cases if one party changes his or her mind down the road.