Seeking support modifications after the divorce is issued can be more complex than you might imagine. In most cases, the divorce paperwork itself as well as California law will require there to be a substantial change in the “Status Quo” in order to request modifications to child support, spousal support or even child custody down the road.
The Court will want to know what has changed. Have you or your former spouse experienced an increase or decrease of more than 10% of your income? Has someone lost their job, or been forced to endure a cutback in hours or pay? Has the recent COVID crisis had an impact on the household income of either party?
Seeking support modifications after the divorce is usually based upon a substantial change in the income of either or both parties. If your former spouse has received a substantial promotion, the Court may consider the request for an increase in spousal support or child support.
The Court is obviously interested in the best interests of the children in child support matters. Child support calculations are initially based upon California’s published guidelines. A substantial change in income either way will have an impact on the calculation. A change in the amount of time the child(ren) spend with each parent may also provide a reason to consider a change in child support.
Some divorce agreements specify the “status quo” and the amount of change necessary for the parties to appear before the Court to request post-decree modifications. The experienced Certified Family Law Specialists at Burke & Domercq have served North County for decades. We have extensive experience in these cases and can advise and represent you through the process.
If you have experienced a substantial change in your circumstances and wish the North County Family Court to modify existing child support, spousal support or child custody orders we invite you to contact us or call 760-712-3471 to schedule an appointment with one of our attorneys.