Child support is among the most important orders arising from any family law dispute. Just like personal needs change over time, so do the needs of the child support. Therefore the amount ordered to be paid as child support two years ago might prove insufficient today. Most recipients of child support payments are always in a dilemma on the best cause of action where the amount paid in child support, no longer is sufficient. With the help of our child support attorney in Pleasanton CA, you can get guidance on the legal options at your disposal.
The decision on child support by a family court is not final, and either the payer or recipient can seek modification overtime. Modification is done through the court process. Therefore if you are seeking to modify the child support order upwards, working with a competent Pleasanton CA divorce attorney can help make the process smooth.
Each state has its laws on child support modification. The common factor in all the states, however, is that the parent applying for an increase in child support will have to prove that the needs of the child have increased, they have lost their job, and the paying parent has had an increase in their salary etc. Proving such reasons requires well valid documentation that might at times take the indulgence of the court to procure. For example, a mere allegation that the paying parent’s salary has increased is not enough as the court will require proof of the same. A competent Pleasanton divorce lawyer can always help with guidance on obtaining such documents.
Here are some of the common reasons for increased child support:
An increase of 10% or more on the salary of the paying parent
Where the paying parent has a substantial increase on their salary, it is in the best interest of the child that they can be accorded the same lifestyle regardless of whether they reside with the custodial or non-custodial parent.
A 10% decrease in the custodial parent’s salary or more
An involuntary loss of a job by a custodial parent can adversely affect the child. It is, therefore, in the best interest of the child that an increase in child support is made either temporarily until the custodial parent secures another job.
Increase in a child’s needs
As children grow their expenses will change over time ranging from education, medical etc. Parents have a responsibility to provide for the increased needs of the child. In such a scenario, a Pleasanton family law attorney can help launch an application for modification of the initial child support order.
What type of payment modifications can be requested?
The economic impact of the involuntary loss of a job is apparent on the part of the custodial parent. In such a scenario and after proving that the loss of the job was involuntary, the court might increase child support until you secure a job. Additionally, where the custodial parent has had a decrease in salary, a temporary modification can be made until such a parent receives a pay rise.
Where the non-custodial parent has had a substantial increase in their financial status, it is only fair that a permanent child support modification is ordered.
How to increase the process
Hire an attorney
Tierney Law Group the best Pleasanton family law attorney we are all about helping you secure a comfortable life for your child. Modification of child support payments order requires strict adherence to the state laws. With the help of an experienced Pleasanton child support attorney from Tierney Law Group, we can always make the process easier and faster for you by guiding you through every legal procedure.