After you have gone through a divorce, or if you were unmarried but you have a child with a former partner, then you can be in a position where you are either paying child support or you are receiving it. Either way, the time may come where it is necessary for an adjustment to be made.
Either party can seek a change in payments, but the final decision will be up to the court. For former couples that are able to agree on the changes being made, it may be easier to gain approval by the court. Even without this agreement, the change can still be sought.
What the Court Considers
The main area of interest in a modification is that the court wants to see that some type of significant change has taken place. This may include the loss of a job or an increase in the needs of the child. The court will also need to see that the change will influence the situation in some way.
If a child suffers medical concerns then it may be necessary for the other parent to provide greater support to cover the cost. If a parent loses their job then they may not have the financial means to pay the amount that they previously had been paying.
Other reasons for a change include if both parents have had a change in their income, if the time spent with the child has changed, if a parent has another child from a different relationship or if a parent has been incarcerated. Payments may be adjusted for the time being or permanently. Seeking the modification fast is important since it is hard to have the changes made retroactively.
The Court Process
Your case will need to be taken to the court and handled in the right way for them to consider the request. A form should be filled out with the court and these can typically be found on the official websites. Forms include a Request for Order, Income and Expense Declaration or a Financial Statement.
You want to increase your chance of a favorable outcome, so have a Roseville divorce lawyer look over the forms to make sure that everything has been done correctly. Even a small mistake can delay the case, so you want to make every effort to avoid this possibility. Make sure that you have copies of your forms, because the court will need the original and the other parent will need a copy. Forms should be filed with the Court Clerk and after this you will be given a court date.
The papers will need to be served to the other parent. This should be done by someone that is at least 18 years old and is someone other than you. The other parent can also be served through the mail, but this will need to be done at least 16 days prior to the hearing with at least five days for the time it takes to mail it. The Proof of Service by Mail will need to be filed and the server will need to fill it out for the other parent, unless it was delivered in person and then the server should fill out the Proof of Personal Service.
Attend the court hearing and make sure that you bring copies of all relevant documents. Following the court date, the judge will sign a court order regarding their decision.
Contact a Family Law Attorney in Roseville, CA
Receiving a modification is an important step and you want to do everything in your abilities to increase the chance of being granted the change. Work with a Roseville divorce lawyer from the Law Offices of Frank F. Ali to follow the correct process and seek a modification to the terms of your child support.