San Diego Child Custody Support Modifications
At the time of a divorce, lawyers and a judge will help couples find a strategy so that all parties are taken care of as described by the law. The details are summarized in a divorce decree. However, after a few years pass, one or both parties may want to change some of the details in the decree. This is called a modification of divorce decree. In many cases, the reason for requesting changes is related to child custody and child support. Instead of getting into a heated argument with your ex, call us for help with San Diego Child Custody Support Modifications.
Reasons Why a Modification is Warranted
A modification of the divorce decree may be warranted if there are substantial changes in life circumstances. For example, there is a change in income, or the child(ren)’s needs have changed. Some common reasons why a modification is requested include:
- There is a significant change in income. When one or both ex-spouses get more or less income compared to the time of divorce, they may petition for a child support modification.
- The amount of time spent with the child(ren) is different from that defined in the divorce decree. If one parent spends more time with the child(ren) then they are eligible to request a change in child support.
- The child(ren)’s needs change such that more money is needed to provide adequate care for the child(ren). For example, a child might develop a condition that needs medical care. You will need to show documentation to demonstrate the claim.
Reasons Why a Request for Modification is Rejected
Sometimes, the spouse who pays child support may not be happy with the court’s ruling. It is tempting to request a child support modification right after the divorce. However, courts will not authorize your petition unless there is a good reason to. Your petition for child support modification will be rejected if:
- Your reason for a modification is simply because you don’t want to pay child support.
- You purposely quit your job so you have less money to provide for your child(ren).
- The modification is less than $50 or 20% change.
If you want to change elements of your divorce settlement, contact Scott Levin, CDFA for advice on San Diego child support modifications. Send Email or telephone: (858) 255-1321.