Alimony and child support impacts both parents and the child. You, your spouse, and your attorneys arrived at how much should be paid/received regarding child support and alimony during the divorce process. However, life changes. If, for example, you lose your job, are you still expected to make your child support payments?
Anyone who is in this situation should reach out to a family law attorney who understands and has experience with post-judgment modifications. Although you still need to make payments, your attorney may be able to get the amount changed to reflect your current financial situation.
Reasons to Seek a Modification
The amount of money that someone pays in child support is derived from a formula that the state of California uses. It factors how much income each parent makes, how much time they spend with their child, and how much they lose or gain regarding tax deductions and withholdings. When there are changes to any of those, you may have the ability to request a modification.
Changing a job could increase or decrease the money you make, which could affect the amount being paid in child support. This also extends to disabilities. If the person paying child support is in a severe accident and has lost the ability to work, then that too would impact the amount of money they earn.
Please recall that each parent’s length of time with the child is a factor. For any number of possible reasons, the parents may switch who the primary custodian is. One parent may be relocating, the custody schedule may change, or one parent may no longer be physically capable of raising the child (e.g., there are medical issues they need to address and manage).
Whereas we have focused primarily on the parents up to this point, the child’s needs may change as well. They, too, may have new medical expenses or needs. Another element to consider is that if you are the one paying child support, what happens if you have another child? Your own expenses are going to be different. Although having another child will not guarantee that you can alter your payments, it is something the court will consider.
The Grey Legal Group, APC
Even when your divorce has been finalized, issues may surface that require resolution. These include support modifications, child custody modifications, and move-away requests. At The Grey Legal Group, we are accustomed to handling these types of cases. For more information about how we can help, contact us to schedule a consultation.
The Grey Legal Group
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