Child Support Modification in San Diego California

San Diego CA Child Support Lawyers – Family Law Attorneys

When a dissolution of marriage proceeding becomes final in the state of California it can seem on the surface as though everything has been decided once and for all. However, this is rarely the case, especially when the couple who is going through the proceeding has young children. A number of issues may need to be revisited at some point in the future, and these could include child custody in cases when there is a material change of circumstances. Spousal maintenance agreements or court orders may also need to be modified as time goes on and circumstances evolve. But the most common type of post-divorce action is child support modification, and this is of course due to the fact that the needs of the children generally increase as they get older, and the income level of each parent is usually going to change over time as well.

The state of California uses the Income Shares Model to calculate child support responsibilities, and this same model is applied to potential modifications. A request for child support modification can be placed through your local child support agency, or by going to the courthouse and consulting with the Family Law Facilitator there. One can also engage the services of a San Diego family law attorney to assist with the filing of a child support modification request. Entities that may seek a child support modification include the custodial parent, the non-custodial parent, and child welfare agencies both local and out-of-state. A significant change of circumstances has to be present to warrant a child support modification. In the state of California, “significant” in this context is defined as a change in the financial dynamic that, when applied to the state child support guidelines, would result in a change of at least 20% over the current payment amount.

It is important for people to realize that child support is not a “punishment” or a payment to one’s former spouse. It is a fair contribution toward the financial needs of your child or children, and if your ability to provide changes, that change should rightfully be reflected in the amount of child support you pay.

If you would like to learn more about child support modification, contact an experienced San Diego, CA family lawyer for a free consultation.