Can I modify child custody or child support?

by | Apr 21, 2021 | Divorce

Parenting after divorce can be challenging if the other parent refuses to accept that circumstances change. If they will not give you the flexibility you need, you may need to go to court to modify arrangements. In certain circumstances, you may need the court to approve a modification despite having the other parent’s permission.


California requires a substantial change in circumstances to modify most child-related matters


If you get a new job which means you cannot collect your child on Sunday nights until 7 p.m. instead of 6 p.m., you do not need a court’s approval. A judge would not consider it a substantial change of circumstance and you should work it out with the other parent. However, if your new job that requires you to move to another state with your child, that would need a court’s approval.


If you need a reduction in child support because you have a new job that pays less, you will need the court to approve. Remember that, like many issues related to children in divorce, child support payments are legally binding. Failing to meet them will lead to problems.


Can you contest the other parent’s application for a modification?


What happens if it is the other parent seeking to move out of state with the child. Or asking a court to reduce the amount of child support they must pay you? Can you challenge their request?


Yes, you can challenge a request for modification with the help of a family law attorney. If the other parent wants to move out of state with your child, you can explain how that would harm your relationship with your child. If you oppose a reduction in child support, you could show the court why you need the full amount of money. Or why the other party can still pay.

*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Hoover Krepelka, LLP, if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Hoover Krepelka, LLP and may not be used without the written consent thereof.


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