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Child Support Modification

Child Support Modification

Child Support Modification Riverside Child Support Modification Attorney Changing a child support order, known as child support modification, happens when one or both parents experiences a change in their life that requires them to modify their child support order after divorce. Sometimes both parents can reach an agreement about a change in the child support order, which they can then have approved by a judge. Also, if the original amount of support is below the state’s guidelines, then the amount of child support can be changed at any time. If both spouses cannot agree on their own, and if the original amount of support is at the state’s guidelines, they can request a court hearing to determine a new child support amount, where the parents will have to show a reasonable change in circumstances. Reasonable change in circumstances The courts ask parents to show a reasonable change in circumstances in order to qualify for child support modifications, meaning that they have to show that something in their lives have changed that affects the way child support is determined. There are many things that apply, for instance: Either of the parents has experienced a change in income, due to reduced work hours or a job change A parent has lost their job A parent has been incarcerated A parent had another child from a new relationship There has been a change in the child’s needs and costs, including costs for health care, child care, or education There has been changes in how much time the child spends with each parent A parent is deployed to active military service Depending on...

Establishing & Calculating Child Support

Establishing & Calculating Child Support One of the most important aspects of any divorce or separation is how to handle caring for your children. The court will consider a number of factors to determine who has custody of your children and for what period of time. After that has been set and ordered by the judge, the matter of support will be discussed. Child support is in essence a very simple concept – even if the children’s parents are no longer together, both share some responsibility for caring for their children. There are many factors that come into play when determining how much of the support each parent carries. The transition from a couple to two separate individuals will include many changes, all of which will have some influence – large or small – in how child custody and child support are determined. This means there are several nuances to the process of child support, and a number of factors to consider. The Court must take into consideration the income of both parents and whether or not that income can be considered for child support. Some of that income will come from: Investments Stocks Pensions Disability Social Security Veteran Benefits Unemployment Payments Gifts and Inheritances Income from Rental Property Overtime Seasonal, Part-Time or Second Jobs Bonuses Lottery Winnings Trust Income Some Commonly Asked Questions Include: How do courts calculate child support? Most child support orders take into account the relative income of each parent, and the amount of time each parent spends directly tending the children. If custody is split evenly between both parents, for instance, the amount of...
We Can Make Sure Your Spousal Support is Fair

We Can Make Sure Your Spousal Support is Fair

We Can Make Sure Your Spousal Support is Fair When a marriage ends, it can be difficult and stressful for everyone involved. One of the greatest stresses that occurs is the splitting of finances – when two people have been pooling their income over the course of their marriage, determining what belongs to whom can be a tricky and complicated proceedure. Oftentimes one half of the marriage will earn significantly less money each month than the other – perhaps because one partner is the breadwinner, and the other is the stay-at-home parent, or perhaps because one partner has a higher level of education and earning potential than the other. In such a case, divorce proceedings may include an order of spousal support. What factors are taken into consideration when determining alimony? If the loss of one spouse’s income is so great to the other partner that they can no longer maintain their current standard of living, a judge may issue an order of spousal support. Usually this order mandates a monthly payment from spouse to the other, determined by a formula that takes into account several factors, including: The length of the marriage The standards of living set during the marriage The earnings and/or earning capacity of each partner The age and health of each partner Debts and property Child custody Whether or not childcare makes full-time work feasible Whether one spouse helped further the education or career of the other Whether one spouse’s career or education was adversely affected by unemployment or child care during the marriage Additional tax burdens accrued with an order of spousal support. Any...
Child Support Modifications

Child Support Modifications

If a parent is paying or receiving child support, there may come a time when that parent feels the existing support order should be modified or changed.  Often times, parents may find themselves having trouble making child support payments or caring for their children with their existing child support because of a change in their work or living situation.  Below are some options for parents in this situation: Parents Can Agree to Modify the Support The parent seeking the modification should first try and communicate with the other parent and see if an agreement to modify the child support terms can be met. If an agreement can be made between both parents, the parents can simply ask the judge to approve the agreed upon changes.  Modifying the child support agreement is normally not a problem, unless the agreed upon amount is significantly below the state’s guidelines. If the agreed upon amount falls below the governing state’s guidelines, the court will then require the parents to explain why the agreement is justified and how the amount agreed to will provide adequately for the children’s support. Ask the Court to Modify the Support Often times, the parents cannot agree upon a child support modification.  If this is the case, the parents have the option to ask for a court hearing in which each of the parties can argue for the amount they deem appropriate. As a general rule, in order to get a modification, one must be able to show that current circumstances have changed since the court made the existing order. An example of a changed circumstance could be child’s...