During divorce proceedings, a judge will decide how much one person (the non-custodial parent) will need to provide for the care of a child living primarily with the custodial parent. Sometimes both parents are ordered to pay. California law uses a particular formula to determine child support, which includes looking at the following factors:
- Custody arrangement
- Tax liabilities
- Other children from other relationships
- The child’s health insurance expenses
- Retirement contributions and work-related expenses
- Any other relevant costs (such as daycare, private school, and travel)
The court tries to determine what quantity is best for the wellbeing of the child in question, but, over time, a situation may shift. If the custodial parent begins making more money as a result of a new or better job, the non-custodial parent can ask the court to reduce the amount he or she pays. Or, if the non-custodial parent loses his or her job, the child support order could be modified to reflect the change in financial circumstances.
In most cases, a modification is necessary if the change in child support is 20% or $50, whichever is less. To begin the adjustment process, you can contact a local child support agency or hire an excellent child support attorney who can help you start the proceedings. If you and your ex-spouse can settle on an adjustment amount, you can sign an agreement and bring it to court to modify the order. However, if you cannot come to an understanding, you will have to go before a judge in a hearing. The judge will review the request and all relevant information before deciding to revise the order or leave it standing.
If you’re ready to modify your order, contact one of our San Diego child support attorneys at Family Law San Diego. We can discuss your case in a free consultation.