Mens Family Law & Divorce Attorneys San Diego

San Diego Child Support Modification Lawyers
Protecting Your Interests

When people complete a divorce and all of the issues that involved property division, child custody and child support have been decided, those parties who were once married tend to go their separate ways.  While most people would consider the terms of a divorce and any child-related issues to be permanent, the reality is that circumstances, and by result child support orders, can change.  If you find yourself in this position, contact experienced San Diego child support modification lawyers as soon as possible.  Below is a brief description of this process.

Reasons for a Modification of Child Support

Child support modification, as is the case with modification of most other divorce-related orders, will only be granted if the person requesting the modification can convince the court of a substantial change in circumstances.  This basically means that in the interests of fairness, the amount that’s been paid on a monthly basis to this point is no longer necessary.

The court will look at several factors to decide if there has been a substantial change in circumstances, and examples of these factors include:

1. The non-custodial parent has incurred a child support obligation from another marriage or relationship.
2. The amount of visitation time allowed for the non-custodial parent has changed.
3. The supported child’s circumstances have changed, such as with his or her education costs or medical needs that either arise or are lowered/eliminated.
4. A substantial change in the income being generated by the custodial parent, and this substantial change has generally been set at approximately 20 percent.
5. The supporting parent has lost a job involuntarily.

There are other factors that could arise as well, including the incapacitation of the supporting parent, but in general a child custody order can only be modified if tangible proof can be offered by the person who wants the amount adjusted.

How to Proceed if Child Support Becomes a Problem

Given the state of the American economy, almost no one is immune to sudden downturns in their personal financial situation.  If this includes you and you’re either already unable or soon will be unable to meet your child support obligations, the last thing you should do is simply stop paying the support.  This can lead to aggressive collection efforts and even an arrest.

Instead, if you need or want the child support order under which you’ve been living to be adjusted, move through the proper channels so that there is no confusion and no risk of harm to anyone involved.  Contact the San Diego child support modification lawyers at the Law Offices of James D. Scott today to schedule an initial consultation to get this process started.