Child support can be a very complicated process. Having to make changes to an already established child support order may make the situation even more complex. There are many reasons as to why an order may need to be changed, but the order can be changed at any time.
Why Would a Child Support Order Be Changed?
Depending on the child’s parents’ change in lifestyle or other situations, there may be a need to change a child support order. Some of the reasons include but are certainly not limited to:
A change in one or both parents’ source of income;One parent has lost his or her job;One parent has been incarcerated;There have been changes in any of the factors used to calculate child support;The needs of the child have changed;There has been a change in the cost of child care, health care, or education;There have been changes to the amount of time the child needs to spend with each parent; andOne parent has had a child from another relationship.
The parents can write the new amount of child support to give to the judge for signature if they agree on the amount. However, if the parents do not agree, one parent will need to file a motion with the court to request the change in the child support amount.
What If One Parent Is in Jail and a Change in Child Support Is Requested?
If the parent responsible for the child support payments is incarcerated, then child support payments will be suspended automatically. For the suspension to go into effect, the parent is in jail, prison, or an institution for at least 90 days against his or her will.
When the parent is released, then the child support payments will go back into effect at the same amount as they were before the parent was incarcerated or institutionalized. It is important to ask the court to change the child support payment amount if the parent is unemployed or if he or she cannot make the same payment amount as before the incarceration.
Call a San Jose Child Support Lawyer
If you have questions regarding changes that need to be made to your child support order, it is a good idea to seek effective legal representation. At Dominion Law Group, LLP, we understand your concerns that could affect your child, and we will do what it takes to fight for your rights. To schedule a free initial consultation, please contact a Santa Clara County child support attorney at 408-288-5592 to get the help you deserve.
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