Corona Child Support Modification Attorney
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When a relationship or marriage is torn apart, the entire family experiences the pain and grief of the divorce process. Deciding on a child support arrangement is usually a lengthy and heated process, and parents are sometimes unable to agree on this crucial aspect of raising children. Sometimes, one parent may make unreasonable financial demands with regards to child support or refuse to pay the necessary amount.
When a child support agreement is decided, the support payments can be made directly between the parents, directly to the provider, or by wage garnishment. Depending on your current situation, you may want to modify the amount of child support that you once agreed to pay because of a substantial change in your circumstances.
Changing a Child Support Order
Sometimes, a parent will need to change the amount of child support they pay because of a significant change related to his or her income, the other parent's income, or the amount of time that each parent spends with the child. Child support is initially calculated by the court. The court will take into account each parent or guardian's financial situation (income, expenses, etc.) as well as the requirements of the child. For example, the child may have special medical needs that require additional financial support.
The California Courts list some of the most common reasons why a parent might wish to make a major or minor change to a child support order. As stated previously, one of the reasons for a modification could be a change in income or loss of employment. One parent may have been placed in prison since the order was made, or even one of the parents could have had another child since the time of the parental split. With the addition of another child, it may be difficult to provide as much financially for the other.
Sometimes these cases do not even have to reach court. What some parents will do is attempt to come to an agreement outside of court with the assistance of an LCSA employee. LCSA stands for a local child support agent who is employed by the California Department of Child Support Services. If an agreement can be reached, then this written petition could be sent to a judge for a signature of approval. The LCSA can take up to 180 days to complete this review process. In the event that parents cannot agree, this is when the motion for modification takes place.
Proving a Change in Circumstances
If the judge makes a child support order, you must be able to prove that there has been a "change in circumstances" since the last child support order. An attorney from our firm can help you gather the evidence you need to prepare a solid argument for your case. If you feel your child's needs have changed or if you have lost your job or suffered financial hardship, please contact an attorney at Hanson, Gorian, Bradford & Hanich.
Legal Options for Parents in CA
Unless the judge signs a new court order, the existing child support amount that you are paying will not be changed. A verbal agreement with the other parent to change the amount of child support is not enough; it must also be put in writing and signed by a judge. The lawyers at our firm are familiar with the steps of the support modification process and can provide you with skilled legal guidance along the way. We will make sure that your rights are protected and that your child support order agreement is legally sound.
Schedule a free consultation with a Corona child support lawyer today!