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Can My Child Support Agreement Be Modified After My Divorce?

Posted on in Child Support

Los Gatos divorce modification attorney for child supportWhen parents get divorced, they and their children can sometimes struggle to adjust to the changes they experience in their lives. Financial matters are some of the most common concerns that divorced parents face, and they will want to be sure they can provide for themselves while also addressing their children’s needs. During the divorce process, parents’ child support obligations are determined based on the income earned by both parties and the decisions made about child custody and visitation. While a child support agreement is put in place based on parents’ and children’s needs at the time of divorce, these needs may change in the months and years to come. If parents’ or children’s circumstances change significantly, a post-judgment modification may be necessary.

When Can Child Support Be Modified? 

In most cases, post-judgment modifications can only be made if a parent or child has experienced a significant change in circumstances. In some cases, parents may seek an adjustment to how they share custody of children and the amount of time children spend with each parent, including in situations where a parent plans to move to a new home. Changes to child custody and visitation will often require a recalculation of parents’ child support obligations to address these new circumstances. 

In other cases, a parent may ask for a child support modification because they or their children have experienced changes in their financial situation. For example, a parent who receives child support may request a modification due to a change in the paying parent’s income (such as increased pay following a promotion), changes in the child’s healthcare needs, or increases in living expenses. A parent who pays child support may pursue a modification due to significant changes in income, such as a disability or the loss of a job. 

Unless the court approves a modification, parents are legally obligated to pay court-ordered child support until the child is 18 years old or graduates from high school. If one or both parents believe child support modifications are necessary, they may be able to agree on the modifications that should be made, and they can submit these changes to the court. If the court deems that the agreements are compliant with state standards and in the child’s best interests, the modifications will be approved. If the parents do not agree that a modification should be made, the parent seeking the modification must file a petition with the court, and they will need to provide evidence that their circumstances have changed. The other parent may file a response to the petition, and a court hearing will be held where a judge will determine whether to grant the request for modification.

Contact a Los Gatos, California Child Support Modification Lawyer 

If you need to request a modification to the child support you pay, or if you need to respond to a child support modification petition, Attorney Benita Ventresca can help you understand the best way to proceed. She will work with you to address your changing circumstances and protect your children’s best interests. To schedule a free initial consultation with a skilled Los Gatos divorce attorney, call us today at 408-395-8822. 

Sources:

 

https://www.verywellfamily.com/before-you-ask-for-child-support-modification-2997991

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