San Diego Divorce Lawyers
Explaining the Concept of Child Support Modification

When spouses end a marriage and there are children that were born during that marriage, one of the most fundamental components that needs to be addressed before that union can be legally dissolved is that of child support. Child support is basically an order that requires the payment of a certain amount from the parent who does not have primary custody of the children to the parent who does every month until the children are adults. However, there are situations where a monthly child support obligation can be adjusted, but such an adjustment should only be sought with the help of a San Diego child support lawyer. Below is a brief introduction to this issue.

The Legal Standard for Adjusting Child Support Orders

When a child support order in California is made, it is the result of the court taking into account the overall situations of the parents at the time. Clearly, circumstances can change in the lives of anyone, and that’s exactly the standard that must be met in order for a child support order to be modified – the moving party must show that there has been a substantial change in circumstances that necessitates a change in the child support order.

This substantial change in circumstances does not necessarily mean that the non-custodial parent’s financial situation has taken a turn for the worse. If the non-custodial parent’s situation has improved greatly, the custodial parent may seek a new order for additional support. Basically, the court will look at the issue from a standpoint of fairness to everyone involved, most of all the children who are being supported.

Financial circumstances are also not the only ones that could change to the point where an adjusted child support order would be appropriate. If the amount of time each parent spends with the children changes substantially, it may be appropriate to account for that extra time from the standpoint of the non-custodial parent. One other example of when child support orders may change occurs when one parent moves away from a location that allows for a smooth transfer of temporary custody for the purposes of visitation.

How to Go About Adjusting a Child Support Order

Having a child support order modified is a process that involves several different steps and the compilation of several different forms of documentation. It is also a decision that’s basically at the discretion of the court that’s overseeing the motion. Therefore, rather than assume that some change in your life will likely lead to a simple modification, you should seek the help of San Diego child support lawyers who have handled these issues many times in the past. Contact the law offices of James D. Scott today to schedule an initial consultation.