Modification of Support Attorney in Orange County
Child support and spousal support obligations are never permanently set in stone for the remainder of a child’s life or a former spouse’s life. Instead, these agreements are fluid and can be changed as circumstances change for either party in question. If you have questions regarding current support obligations or regarding the support you receive, do not hesitate to contact an experienced OC modification of support lawyer.
Modification of Child Support
Child support is based on a number of factors including the paying spouse’s monthly income, the monthly needs of a child, and courts will sometimes look at the lifestyle the child is accustomed to. Child support is in no way focused on the salary or income of the custodial parent or any new spouses. Courts may only change a child support agreement based on a “material change in circumstances.” However, a material change in circumstances is not necessary if the current child support orders to not match statutory guidelines or the current child support order is below the statutory formula.
A court must carefully examine the reasons which constitute a material change in circumstances. This often is the result of a change in monthly income that can affect the child support payments. A court must carefully examine the reasons which constitute a material change in circumstances. This often is the result of a change in monthly income that can affect the child support payments. A change in support payments may be due to an increase in monthly income, or an extreme hardship that the paying parent is currently going through. This may be due to extraordinary healthcare costs, uninsured catastrophic losses, or the birth of children from a new marriage, relationship, domestic partnership, or same sex marriage.
A court will not automatically suspend or modify payments if the noncustodial parent loses his or her job. Instead, a court will often look to the earning potential of the parent.
Modification of Spousal Support
Spousal support modification is similar to the modification for child support and is often based on the monthly income of the paying spouse. Spousal support is typically conditioned on the understanding that one spouse gave up a career to be a stay at home wife or mother, and therefore is unable to earn a living on their own. However, if circumstances change and the spouse receives a well-paying job or remarries, the spousal support must be modified or terminated. Spousal support is not meant to last for the remainder of the spouse’s life, but is typically only offered for a set number of years and may continuously be modified as circumstances change.
Initial Legal Consultation Orange County Modification of Support Lawyer
If you are considering a modification in either child support or spousal support (or both), it is important to contact the experienced Orange County support modification attorneys of Boyd Law. Our Orange County divorce attorneys have years of experience in handling support orders and support modifications and will be able to guide you in crafting a modification order that meets your changed circumstances. Contact our Orange County office today for your initial free consultation.