Child support agreements are designed to provide for a child’s needs. However, life circumstances can change after the original order, making those terms unsustainable or unfair. Whether you’re the paying parent or the receiving parent, you may be wondering if it’s possible to modify child support. The answer is yes—but only under certain conditions. At Kendall Gkikas & Mitchell, LLP, we’re here to guide you through the process as your trusted divorce modifications attorney in Riverside CA. Keep reading to learn more!
When Can Child Support Be Modified?
Child support agreements can be modified when there is a significant change in circumstances that impacts the financial situation of one or both parents. Common reasons for requesting a modification include:
- A parent loses their job
- A parent gets a new job or promotion
- A parent gets remarried to a high-earning spouse
- The custody agreement is changed to share physical custody differently
- A child has been emancipated
- Support needs to be extended beyond age 18 for a disabled adult child
It’s important to note that minor changes in income or expenses may not qualify for a modification. The court requires significant and lasting changes to approve a request.
Steps to Modify a Child Support Agreement
To initiate the modification process, you’ll need to file a Request for Order (RFO) with the family court. This document outlines your request for modification and explains the reasons for the change. Your attorney will help you prepare and submit this paperwork to ensure accuracy and compliance with court rules.
The court requires evidence to support your request, including things like pay stubs or tax returns to demonstrate income changes, medical bills or school expenses for additional costs, and custody agreements or parenting plans to show changes in time spent with the child. Your attorney will assist you in gathering and presenting the necessary evidence to strengthen your case.
Once the RFO is filed, you must serve a copy to the other parent, giving them an opportunity to respond. This step ensures that both parties are aware of the request and can present their side of the case. The court will then schedule a hearing to review the modification request. During this hearing, both parents will have the opportunity to present evidence and arguments. The judge will evaluate the circumstances and decide whether to approve, deny, or adjust the requested modification.
If the court approves the modification, a new child support order will be issued. Both parents are legally obligated to comply with the updated terms. It’s essential to ensure the changes are documented and enforced through the court to avoid disputes in the future.
Contact Kendall Gkikas & Mitchell, LLP for Child Support Modifications
If you need to modify your child support agreement, Kendall Gkikas & Mitchell, LLP is here to help. Contact us today at 909-482-1422 to schedule a consultation with an experienced divorce modifications attorney in Riverside CA. We’ll guide you through the process and help ensure the best outcome for you and your child. Put our 31 years of experience to work for you!
