There were more than 297,000 family law filings in California during fiscal year 2020-2021. This family law statistic alone reinforces the need for modifications to help residents maintain fair and functional court orders as their families grow and needs change. While some may worry about family law attorney costs, the right legal guidance can make a lasting difference in protecting your family’s future.

Child Support Modifications in California

If you are unhappy with an original child support order, keep in mind that it is likely not set in stone. Significant changes in your financial status or parenting schedule can be enough to warrant a modification if there is enough evidence to prove a change has occurred. When this happens, the court will look into:

• Each parent’s current income and their employment status
• Health insurance costs and childcare expenses
• How much time each parent has been spending with their child since the first order was enacted
• Whether the request meets the state’s threshold of at least a $50 or 20% difference, as calculated by the state’s guideline calculator.

Local child support agencies, like Los Angeles County Child Support Services, must request a modification if any of these criteria are met. This is why it’s important to reevaluate your order when you experience a shift in circumstances to avoid any unnecessary struggles.

Enforcement and Collections

Even if an original court order has been issued, receiving the child support or child custody time you are entitled to could be another battle on its own. You may need to engage in enforcement actions if the other party involved is refusing to comply. The court can step in to help you:

• Collect child support payments
• Enforce custody and visitation schedules
• Ensure spousal support obligations are being met

California tracks performance on support enforcement. As of March 2024, 75% of current child support cases had successful collections. However, this still means thousands of families are struggling to receive what they are owed. In some instances, this lack of compliance could signal more than just a need for enforcement. It may also point to issues such as violations of a restraining order or indicate that the original order no longer works and is in need of modification.

FAQs

Q: How Can I Win a Child Support Modification Case?

A: To help boost your chances of winning a child support modification case, you will need to work with your attorney to make the significant changes in your life clear. This could include submitting pay stubs to the court to demonstrate your change in income or sharing medical bills to show a new expense you’ve had to take on for your child. Documentation in these cases is key, which your attorney can help you lawfully obtain and submit to the court.

Q: How Much Does a Riverside, CA, Modification Lawyer Cost?

A: The total cost to hire a modification lawyer in Riverside, CA, will vary depending on how complicated your case is and how many years of experience they have. A general rule of thumb is that the longer an attorney spends working on your case, the more you will have to spend. This is especially true if the attorney bills hourly, but others charge by the service. Be sure to bring up expenses during your initial consultation to ensure your attorney’s services will fit in your budget.

Q: Can Both Parents Agree to a Modification Without Going to Court?

A: Parents are able to change the terms of a custody or support order, but not on their own. It still needs to advance through the court system to be approved and legally binding. If the parents made an informal agreement on their own outside of the courtroom, no one will be able to enforce the “new” terms if one parent starts neglecting what they agreed to. To protect yourself and any children involved, bring your modification request to an attorney.

Q: What If the Other Parent Disagrees With the Modification?

A: If the other parent is not in agreement with your modification request, it could still be approved by a judge. What is more important is that you have enough compelling evidence for a judge to see that the modification is necessary. It’s true that disagreements could make the legal process longer as you deal with their objections. However, that doesn’t mean your case isn’t valid or won’t succeed when you bring it forward for consideration.

Contact Najera Law Group, APC, Today

If you believe an original court decision needs to be revisited, contact our firm today. We have a strong appreciation for the merits of modifications and would be honored to explain how we can help you.