Child Support Modification

As an experienced California child support modification law firm, Bowman & Associates understands that substantial changes in your ability to earn income can, and do, occur. You can lose your job, be demoted, be struck by a serious illness or injury, or be victim to a number of other factors that can substantially reduce your income, and your ability to pay child support or alimony.

Child support modifications, as with spousal support, require that there be a demonstrable change in material circumstances. However, the courts authority is more enduring than in spousal support matters and also limits the ability of parents to make separate child support agreements. The statewide uniform child support guideline must be conformed to when any modifications are considered. As such they are modifiable when the existing order does not match the current formula and standards for support subject to minimum requirements.

Factors that need to be considered in relation to child support include income and amount of time spent with the child. As far as income goes, there can be much more than simply how counting up how much each parent earns. Valuation of income includes paying close attention to the way that a person’s income might fluctuate. It involves comparing the amount a person is earning with the amount they truly have the ability to earn. When you choose Bowman & Associates, we will carefully examine all information. We will work hard to get you the results you need.

If you are the non-custodial parent and seek a modification, we will evaluate your needs and identify what the court will need from you to support your request. We will help you compile the medical, financial and employment records to document your need for a reduction in support.

Temporary vs. Permanent Child Support Modification

Depending on the circumstances, a modification may be temporary or permanent.

Examples of the types of changes that frequently support temporary modification orders are:

  • a child’s medical emergency
  • the payer’s temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or
  • temporary economic or medical hardship on the part of the recipient parent.

A permanent modification may be awarded under one of the following circumstances:

  • either parent receives additional income from remarriage
  • changes in the child support laws
  • job change of either parent
  • cost of living increase
  • disability of either parent, or
  • needs of the child.

Sacramento Child Support Modification Lawyers

The loss of a job or a significant change in employment or earning capacity may necessitate a change in child support payments, as may the birth of another child to the non-custodial parent.

Your child’s needs may change. Parents sometimes experience employment changes or illness. Sometimes opportunities, like private school education arise. Our firm is experienced and familiar with California law; we can help you make these modifications.

Child support orders can be modified to meet changed needs in the parents’ or child’s life. Either parent can petition the court for a modification. The court will then determine whether there has been a significant and material change in circumstances either concerning the child’s needs or the payor parent’s ability to financially meet his or her obligations.

The Folsom Child Support Modification Attorneys of Bowman & Associates help clients across Sacramento & Northern California. If you or someone you know has legal questions, contact our skilled family law firm to speak with an attorney today. We offer a free consultation. We are here to help.