Once the court enters a child support order, it is not set in stone. The court may grant a motion to modify the child support order if there has been a change in circumstances from the time that the original order was entered. This standard is not always an easy one to meet, but it is certainly possible. A parent may request a modification at any time. Both parents have the right to seek to modify child support.
Most often, a parent files for a modification based on either a change in their own income or that of the other parent. Not every annual raise would be enough to entitle the receiving parent to more money in child support. Courts would generally grant a modification if the support order would change by 20% or $50, whichever is less. The paying parent may also file for a modification to reduce child support if their income falls.
A change in the children’s needs may also be enough for the court to grant a motion to modify child support. For example, if a child has special needs that are becoming more apparent, the court could order a modification to compel a parent to pay more.
The court would consider a motion to modify in the context of the best interests of the children, but it would also consider the parent’s ability to pay. A parent is not expected to fall below the poverty line because of their child support obligation.
Contact a Marin County Family Law Attorney
The Mason Law Office is here to assist you with family law needs. You should not try to handle matters on your own when they are complex and beyond your own capabilities. To speak with an attorney, you can send us a message online or call us today at 833.774.0602.
