Any individual who is paying or receiving child support may ask for a child support order. However, for the court to change the current arrangement, you will need to establish by proof with evidence that your material circumstances have significantly changed. These new circumstances would affect your income, assets, and, therefore, how much you can afford to pay.

In this article, the Sacramento, CA, child support lawyers at Wagner Family Law will discuss child support modifications, when they are granted, how they work, and what you will need to argue to successfully get the court to authorize your modifications. 

What is a Child Support Modification?

A child support modification is a formal request by either the payer or the recipient to increase or decrease the amount of child support obligation that has been ordered by the court. Generally speaking, the court will consider such a request when it has determined that there has been a substantial change in either the parent's income or the child's needs. 

Child support obligations can either be permanent or temporary. A permanent change to child support occurs when the change in circumstances will have a long-lasting effect on the payer or the recipient. As an example, if one parent becomes disabled and is no longer capable of doing the work they are trained to do, they can petition the court to reduce their child support obligation. 

You do not necessarily have to court to modify a child support agreement. If there is already an agreement between you and the other parent, you only need the judge to sign off on the agreement. You can also request an increase at any time if your support payments are lower than the state's guidelines. 

Reasons for Modifying Child Support Agreements

There are two common reasons for modifying a child support agreement. The first is when the income of one parent has significantly changed. The second is when there has been a significant change in the amount of parenting time the children spend with one parent. In either case, the reasons represent a significant change to the circumstances of the original support agreement, and judges generally take these matters seriously. Some common reasons for modifying an existing child support agreement include:

• One parent is working reduced hours or just got a new job that pays less

• One parent has been sentenced to jail time

• One parent has been deployed by the military

• The parent has a new child from a different relationship

• The child's visitation schedule or custody arrangement has significantly changed

• The child's care, education, or healthcare needs have significantly changed

• One parent loses their job

What Constitutes a “Substantial Change in Circumstances”

If two parties to a child support order have an existing agreement in place, they can modify the agreement themselves. But both parties must sign off on the modification. It is then presented to a judge who ratifies the agreement and makes it a matter of law. Unless both parties agree to the change, you will have to prove there has been a “substantial change in circumstances” that justifies altering the original agreement. 

The courts favor stability for the child in these matters, so they raised the bar when it comes to modifying an existing child support agreement. Thus, the party that is requesting a child support modification must show that the change is justified. 

When it comes to income, the court will usually consider changes that would shift the existing agreement by $50 or 20% of the original. 

Should I Request a Child Support Modification?

You may have experienced certain changes to your income recently that impact your ability to pay child support. Depending on how severely your income was impacted, it may be a good time to request a child support modification. However, it is not always necessary to request a change in child support. If you do, the court will evaluate your evidence that a substantial change in circumstances has occurred before they authorize any change to an existing agreement. If you choose to proceed with a child support modification, you will need to provide the following evidence to the court:

• Proof of income and expenses

• Unemployment benefits

• Disability status (if applicable)

• Medical insurance

• Retirement income

• The current custody and visitation agreement

Generally speaking, the court will grant the modification request if the changes in financial circumstances make a difference of 20% or $50 from the existing child support order. However, the court is under no obligation to change an existing agreement if that agreement serves the best interests of the children. 

It is also true that the court will evaluate all changes in material circumstances and sometimes reduce orders when petitioners ask for an increase in child support payments or increase orders when petitioners ask for a reduction. For example, let's say an injury is causing you to miss time from work. You petition the court for modification of child support, but your former spouse also has seen a major reduction in their income. In this case, the court may see fit to increase the amount of child support you owe. 

When Do I Need a Lawyer?

In many contested child support modification situations, it is best to have a lawyer present your case before the judge. We understand what you need to prove to establish a substantial change in circumstances and can ensure that you get the amount of child support you need to raise your children. If you are paying more than you can afford, we can help petition the court to reduce your child support obligation. Call Wagner Family Law today to schedule an appointment, and we can begin discussing your next steps right away.