Post-divorce child support modification: When is it warranted?

By |2022-04-06T14:56:02+00:0007 Jan 2019|Categories: News|


As one of many California parents who decided to divorce, you’ve undoubtedly given a lot of thought to your children’s futures and how best to provide for their needs. Often, after divorce, those considerations involve questions of child support.

The court has the final say in all matters related to child custody and support. However, that doesn’t necessarily mean that every ruling is permanent. As long as a court order exists, you and your ex are legally obligated to adhere to its terms, but there may be legitimate reasons to request a change. It’s always a good idea to seek legal guidance before requesting a child support modification.

What are the valid reasons for support modification?

Following are some legitimate reasons for seeking a change in child support:

  • If the paying parent’s income increases substantially, there may be grounds for an increase in child support.
  • Likewise, if the paying parent’s income is significantly reduced — perhaps due to job loss — there may be grounds for reducing support payments.
  • If your children’s needs change, it may be necessary to change financial support as well.
  • If the amount of support your ex is currently paying ties into visitation and he or she is not fulfilling the visitation obligation, a judge may find it appropriate to increase the amount of child support since it means you have the kids more often and your child-related expenses are consequently higher.

Whether you need to petition for a modification or seek to prevent one, it’s a good idea to speak with an experienced Orange County family law attorney about your situation and goals.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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