How can I have the order for child support modified?
Full Question:
Answer:
Either or both parties may be ordered to pay an amount reasonable and necessary for the support of any minor children of the marriage. The State of California has enacted child support guidelines which establish the presumptive correct amount of child support due. Deviation from the guidelines requires the court to state in writing why the application of the guidelines would be unreasonable or unjust, and:
1. The amount of support that would have been ordered under the guidelines;
2. The reasons for the deviation;
3. The reasons the support ordered is in the bests interests of the child.
A court may award additional expenses. If the parties have sufficient financial resources, a court may require the non-custodial parent to pay for a share of the child(ren)'s extracurricular activities or other expenses. If the parties have limited financial resources, a court will likely find that the cost of such activities should be covered by the basic child support award.
Courts typically rule on extra child support requests on a case-by-case basis, based on the non-custodial parent's income. A parent with a high income is more likely to have the court rule favorably on reasonable requests for extra child support for these additional expenses. If he/she is struggling to pay necessary living expenses or if he/she has started a new family, the court will likely rule that the additional expenses are covered by the basic support award.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, emancipation of a child, or contribution to expenses by another due to cohabitation or remarriage. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
If a party chooses to pay beyond what is ordered by the court, this is not prohibited by law. However, it is possible the court would take this into account if a request for a modification of child support is made. Such payments may indicate that the obligor's doisposable income has increased since the support was originally calculated.