Modifying an Orange County Child Support Order Post-Judgment: What to Expect

If you already have a child support order in place but have experienced a significant change since the order was handed down, you may be entitled to a child support modification. The State of California recognizes that parents’ circumstances change, children’s needs change, and that child support isn’t a static concern. Obtaining a child support modification that fairly addresses your unique situation, however, is a challenging legal matter, which makes having an experienced Orange County child support attorney in your corner from the outset an excellent plan.

If You and Your Ex Are in Agreement

If you need to modify child support and you and your children’s other parent are in agreement on the matter, you can negotiate the change between yourselves. You will, however, need to finalize the matter through the Orange County Superior court. Failure to do so could leave you in defiance of court orders – or with less child support than the amount you’re owed – if your children’s other parent happens to change their mind or go back on the deal you struck at some point in the future.

Grounds for Requesting a Child Support Modification of an Orange County Order

In order to obtain a child support modification, a significant change in you, your ex, or your children’s circumstances must have occurred since the order that is currently in place. The kind of grounds that tend to support changes in child support can be broken down into several basic categories.

A Change in a Child’s Needs

If one of your children has developed special needs or has any other newly acquired needs that they didn’t have at the time your original child support order was calculated, it can support a modification. Examples include:

• Healthcare requirements related to either their physical or mental health
• Specialized educational needs
• An increase in childcare expenses

A Change in the Parenting Time Schedule

Child support calculations in Orange County are based on a wide range of factors, but one of the most important is the parenting time schedule. If the parent who cares for the children the majority of the time has changed, it can directly impact child support. If either parent is spending significantly more or less time with the children than they were when you received your current order, it could support a child support modification.

A Change in Financial Circumstances

If the parent who is paying child support begins earning substantially more than they were before, their child support obligation can increase. It can also decrease in response to a substantial decrease in their income – as long as they’re not voluntarily unemployed or underemployed as a means of decreasing their child support obligation. When a parent loses their job, the financial impact can be even more direct, and a modification of an Orange County order will likely be necessary.

A Parent’s Disability

A parent’s newly acquired disability can directly affect their ability to care for their children or their ability to earn. This, in turn, can directly affect how your child support is calculated.

Additional Children

When either parent either has or adopts more children, it’s another primary financial responsibility. In some cases, this can support a child support modification.

Remarriage

In rare instances, a parent’s remarriage can affect how child support is calculated. A savvy Orange County child support attorney can help you evaluate your unique situation in relation to California’s child support laws.

Documentation

The kind of documentation that is generally required as evidence in support of child support modifications includes all the following:

• Income statements and proof of expenses, including childcare costs
• Current child custody orders and the parenting time schedule in effect
• Health insurance bills for the children’s coverage
• A record of unemployment benefits
• An incarcerated parent’s jail or prison status

The Orange County court will be looking for direct evidence that you have experienced a significant change that supports a child support modification.

The Child Support Modification Process

The child support modification process is exacting, and having professional Orange County legal counsel on your side from the start is always advised. The basics include the following:

• Filing a motion for child support modification with the court– demonstrating the significant change that warrants the modification you’re seeking
• Having your ex served with the papers, providing them with the opportunity to respond
• Appearing before the court at the scheduled hearing – where your trusted child support attorney will fiercely advocate on your behalf

Once the Orange County judge renders a decision, either a new child support order will be issued, or the original order will be upheld.

It’s important to note that child support modifications can be either temporary or permanent. For example, if your child has increased medical bills for a condition that is not permanent, a temporary modification may be in order. If, on the other hand, your child suffers a newly acquired chronic health condition that comes with an ongoing increase in medical expenses, a permanent modification is likely.

Reach Out to an Experienced Orange County Child Support Attorney Today

Child support plays an important role in your ability to support your children, and if circumstances have changed to the degree that your current child support order isn’t keeping up, you may need a modification. The accomplished child support attorneys at Minyard Morris in Orange County, California, recognize the significance of your case in your life and will spare no effort in defense of your rights and in pursuit of a favorable resolution. To learn more about what we can do to help you, please don’t delay reaching out and contacting or calling us at 949-724-1111 today.