Typical Child Support Questions for California
Divorce, unfortunately, is a reality no matter the state you're in. From the east coast to the west coast and everywhere in between, child support questions and others pertaining to divorce are prevalent around the country. It's a confusing time for most, especially those unfamiliar with the law in their state or with their rights as a parent. Some of the most common questions pertain to how much one can expect to pay and what happens if a payment is missed.
For instance, in California what constitutes a modification of an existing child support order? Can just anyone request a modification, or are there certain grounds that must present themselves before a modification can be requested? According to the state's own child support handbook, a modification may be sought in the event of a "significant increase or decrease in either parent's earnings"; "a change in custody or the amount of time the child spends with each parent"; or "a change in any other factor that would affect the child support guideline."
The court seeks to ensure that the child's needs are taken care of and that the custodial parent is properly supported to provide for all of the child's needs based on the income of both parents. If either parent—custodial or non-custodial—experiences a change in their life or income that might affect the ability of either parent to provide for the child, a modification may be sought. Do not rely on verbal or even written agreements reached outside of the court. Always seek a written court order modifying the child support arrangements. But what if you lose your job and cannot make payments?
According to the California handbook mentioned, you must contact your local child support agency right away. If you do not, unpaid child support will still be owed, plus interest. If you quit your job, though, you will not be provided a review of your child support order. You must provide your request for a modification review in writing and must include the reasons for requesting the change. If the agency does not believe a modification is in order, the parent who made the request may ask the court to consider the matter.
For instance, in California what constitutes a modification of an existing child support order? Can just anyone request a modification, or are there certain grounds that must present themselves before a modification can be requested? According to the state's own child support handbook, a modification may be sought in the event of a "significant increase or decrease in either parent's earnings"; "a change in custody or the amount of time the child spends with each parent"; or "a change in any other factor that would affect the child support guideline."
The court seeks to ensure that the child's needs are taken care of and that the custodial parent is properly supported to provide for all of the child's needs based on the income of both parents. If either parent—custodial or non-custodial—experiences a change in their life or income that might affect the ability of either parent to provide for the child, a modification may be sought. Do not rely on verbal or even written agreements reached outside of the court. Always seek a written court order modifying the child support arrangements. But what if you lose your job and cannot make payments?
According to the California handbook mentioned, you must contact your local child support agency right away. If you do not, unpaid child support will still be owed, plus interest. If you quit your job, though, you will not be provided a review of your child support order. You must provide your request for a modification review in writing and must include the reasons for requesting the change. If the agency does not believe a modification is in order, the parent who made the request may ask the court to consider the matter.
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