Life After Divorce - Child Support Modifications
Modification of an existing child support order can only be accomplished through the courts. In these matters, using a proven Modesto family lawyer can protect you and present your case to the court regarding the best interest of the child - the guiding principle in decisions. As part of your original proceedings, the court issued orders on the important issues of your divorce. After divorce, the loss of a job, a decrease in income and other changes in life can necessitate modifying an existing child support order.
At times, we assist both parents to agree that a support amount should go up or down and then take it to the court for approval. Frequently, an understanding is hard to achieve and the matter must be resolved through the court system. In either case, using an experienced Modesto divorce attorney from Scott Mitchell Law Incorporated can help to safeguard your parental rights while working to ensure a fair agreement is made.
Why Work with Scott Mitchell Law Incorporated
We have been successfully practicing family law for the past 7 years. With more than 1,500 cases resolved, we understand what the court will want to see in order to approve a child support modification. Our attorneys also know the arguments that must be made in order to obtain a favorable decision against a change to an existing order.
As was the case in your divorce, the court will base its decision on what is best for your child. The judge will review your current circumstances and any pertinent information that is provided. If you are contesting the proposed change, we work to make sure your voice is heard. The court is mainly concerned with any changes in parental income and/or time that is spent with your child. Rigid guidelines are adhered to by the courts in determining what amount of money is needed for your child's needs. The court will look for a significant change in circumstances and how this can or has affected your child.
Assisting Modesto Residents with Child Support Modifications
Examples of reasons why a child support modification would be granted are changes
- The child's education
- The child's medical circumstances
- Employment status of a paying ex-spouse
Additional factors could be new obligations to support children from a different relationship or marriage or significant changes in a noncustodial parent's visitation time. We thoroughly review all the issues which have caused the need for a child support modification. These factors are compared to what the laws state. Based on our analysis, we strive to put forth a convincing case to achieve your modification goals.
Until the existing support order is revised, the current child support payment must be made. If you are the parent who is currently paying support, it will not matter to the court how long ago your situation changed. You will owe the amount you are obligated to pay until the modification is issued. If you do not make the required payments, interest will be charged at the rate of 10% per year on your overdue balance. This is one of many reasons why it is vital to have committed legal representation when the need for a modification first arises.
Schedule Your Free Evaluation Today
If you are seeking modification of an existing order, our firm fills out all required forms, properly files these with the court clerk and secures a court date for you. We see that the other parent is properly served with the correct papers and that proof of service is obtained. A skilled lawyer from our firm can represent you in court during the hearing on the proposed modification. Where possible, we can also mediate with your ex-spouse and his or her attorney to reach an agreement that we can provide to the judge for approval.
To make it easy for you to understand the legal process and how we can help, our firm offers a free case evaluation. We understand the importance of child support issues and are determined to provide the legal assistance you need. Contact our Modesto family law attorney for information about how we can help you achieve your child support modification objectives.