Often, custodial parents want to modify their child support order because they have suffered a financial crisis or a loss of income. Many non-custodial parents need a modification for the same reasons.
California family courts understand that circumstances can change rapidly and generally approve necessary modifications. Still, you should know that your child support modification request might not turn out as expected.
It may impose more hardships
When the court receives a modification request, it looks at all relevant factors. That means it will examine your situation and those of your co-parent and children.
Let’s say you recently suffered a severe head injury in a car accident and cannot work for at least a few weeks. Unfortunately, you also have trouble caring for your kids, so they are spending more time with your co-parent. When reviewing your modification request, the court will see that you have lost a substantial portion of your income.
However, it will also see that your co-parent stepped up to shelter, feed and care for the kids. Since child support funds are for your children and your co-parent is currently their caregiver, the court may deny your petition. It is even possible that the judge could order your co-parent to pay less than before your accident.
The risks are the same if you request a modification as the non-custodial parent. The court will only approve modification requests that benefit the children of divorce, not their parents.
Improve your chances
If you’d like to boost the odds of having your request approved by a judge, consider seeking assistance from a California family law professional. Legal guidance helps you develop a strategy emphasizing your need for a child support modification.