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Can Child Support be Modified After a Divorce?
Not everything in your divorce agreement is set in stone. In fact, a fair amount of things can be modified to accommodate life’s ever-changing nature, including child support. These payments are based on the income, earning potential, and the housing situation of each parent as well as the child’s financial needs and custodial timeshare. Given that these circumstances change all the time, whether it be because someone lost a job, got promoted, or suffered a pay cut, there are some steps you can take to modify a child support order.
Below are some answers that can help shed some clarity to the questions you might have regarding child support modifications:
- How can I change my child support order? To have your child support order modified, you must make this request from the same court that granted the original order. Even if the other parent has agreed to the modification of the child support order, you must still go before a judge to have it legally changed. Of course, more often than not, parents disagree on child support modifications, which means you will need to request a hearing in front of a judge where you will both state your arguments about the proposed modification. Generally, these modifications are not granted unless the parent can show a change in his or her circumstances that would warrant modification. Judges understand that divorces can be messy, which is why they take care to ensure these requests are not made on a whim and are actually justifiable. Keeping child support orders as stable as possible protects the best interests of the children, so make sure your modification request is necessary.
- I have a temporary emergency. Could I change my child support order until it is resolved? Modifications to child support orders do not have to be permanent; they can also be temporary, depending on what the circumstances call for. Temporary modifications can be granted due to a child’s medical emergency, temporary loss of employment by a parent, or a medical emergency of a parent.
- What circumstances qualify for a permanent child support order modification? These types of modifications are usually granted when a parent’s position changes permanently. If a parent remarries, or if one increases his or her income, modifications can be made to accommodate these changes in circumstance. Other examples include a parent’s permanent disability, a job change, or changes in the law regarding child support.
Post-Divorce Modification Attorneys in Irvine
If you need to pursue or fight a modification of child support payments, it is crucial to hire skilled legal assistance to help you navigate the process. At Sullivan Law & Associates, our family law attorneys in Irvine have decades of legal experience and know what it takes to handle a post-judgment modification. We can present a solid case for or against child support modifications.
Contact our firm today at (949) 565-2793 to discuss your case with a knowledgeable member of our legal team. We serve all of Irvine, Orange County, and the surrounding areas!