California parents may sometimes find it necessary to request a modification to an existing child support order. This can be due to certain life events, like being terminated from a job. In order to receive more child support or pay less child support as their situation indicates, both parents must be in agreement for any changes to the existing order, or the family court judge must issue a modification to the order.
It is important that parents act quickly as child support in arrears cannot be lowered retroactively, nor is it eligible to be discharged through bankruptcy. However, as soon as they know that their circumstances are about to change, there are some steps that these parents can take to obtain a child support modification.
Parents should learn about the child support laws in their state and determine which events or situations can justify a change in child support. Both parents can try to come to an agreement regarding child support modifications between themselves. Because of the financial and emotional tolls of engaging in litigation to resolve child support issues, beginning with a discussion may be prudent. There are certain methods that parents can try to reach an agreement, such as mediation using a neutral third party. Until modifications to an existing order are official, parents should make every effort to continue making payments. Not doing so may impair their assertion that their new situation qualifies for a different child support amount.
A family law attorney may assist parents who need their child support order order modified. The attorney may litigate on behalf of the paying parent and may work to prove that the change in financial circumstances may warrant a temporary or permanent reduction in payments.