Modification of Child Support, Custody and Alimony in San Diego California

San Diego CA Support Modification Lawyers – Family Law Attorneys

In the state of California, child support payments are calculated using what is called the Income Shares Model. Both parents are required to share the financial responsibilities that come with raising a child or children equally, but the respective income of each parent relative to the total of both is taken into consideration. The state issues guidelines that determine the amount of child support that is required in total, and each parent pays a fair share of that amount based on his or her earnings. So if the guidelines stated that the amount of child support that must be paid is $400, and the father earned $4,000 a month and the mother earned $2,000 a month, the father would be making two-thirds of the total amount of $6,000. So he would be required to pay two-thirds of the required $400, which is $264.

Now as we all now, people do not usually earn the exact same amount of money as the years go by, and  the needs of the children don’t stay the same either as they get older. For this reason, the California Statute allows for child support modification when a significant change of circumstances has taken place. The change would have to result is a child support payment that was at least 20% different from the current arrangement to be deemed significant enough to warrant such a modification. Child support modifications can be entered into voluntarily, or they can be ordered by the court.

In the same manner, alimony or what in California is called spousal support can be modified as well. There is no particular percentage of change required like there is with child support, and this type  of modification can also   be voluntary or ordered by the court. It too is called for when the financial profile of one of the parties changes significantly, and the amount can increase or decrease depending on the circumstances. Child custody is also something that is subject to modification either by mutual agreement or when the non-custodial parent can prove a material change of circumstances that warrants a custody modification.

If you have questions about modification of child support, custody and/or alimony, contact a San Diego CA family lawyer for a free consultation.