Winning Your Child Support Modification Case
Some parents seek to modify a child support order after a divorce. Here’s how to win a child support modification case in California.
To win a child support modification case in California, work with an attorney to set reasonable goals and create a legal strategy. Then, gather evidence that supports your claims and builds your case. Prepare and present this evidence in the court hearing.
Understand California’s Child Support Laws
If want to win your child support modification case, you’ll need to know everything about the rules and procedures of modifying child support orders in California. Parents may modify a child support order if there has been a “substantial change in circumstances”. If a judge believes that the child support order’s terms are no longer suitable to the child and parents’ situation, the petitioning spouse’s request for modification will likely be approved. The following situations are often used as grounds to modify child support:
- Custody or visitation terms have changed
- One or both parent’s income has changed
- The child’s expenses justifiably increase
- Incarceration or military deployment of the person paying support (PPS)
In order for a child support order to be modified, the parent requesting to change child support terms must prove that there has been a significant change in circumstances. Therefore, it should be in your interest to prove so. If your spouse seeks to increase the amount of child support you pay, it would be in your best interest to prove that nothing has substantially changed since the order was decreed.
Hire a Child Support Lawyer
The most effective way to win a child support modification case is to hire an experienced child support attorney. In California, both modifying and blocking a modification of child support are difficult procedures and require legal expertise to properly handle. A lawyer can review your case and help you set reasonable goals. With the help of your attorney, you should gather any and all evidence that supports your claims. In the child support court hearing, your attorney will defend your rights with the evidence presented.
If you’re looking for an attorney to help win your child support modification case, look no further than Her Lawyer. Your skilled child support lawyer can navigate through California’s complex child support laws, keeping you informed at every turn.
Set Reasonable Goals
You’ll want to do your research before determining what you want out of this case. Speak with your attorney and determine what goals are within reach. Consider the terms of your original child support order and your financial situation. Then, set reasonable goals with your attorney.
If you’re looking to modify child support, you should seek a support payment plan that fits your child’s needs. But if your child’s parent seeks to change the child support to terms you don’t agree to, you’ll want to prove that the change in child support is not feasible or necessary. For a step-by-step guide on how to modify a child support order in California, click here.
Gather Evidence to Build Your Case
Once you’ve spoken with your attorney and set reasonable goals, collect evidence to support these goals. You’re essentially building your case and will want to do everything in your power to prove to a judge that your claims are substantiated. Judges like proof, so give them proof.
Gather financial statements, custody schedules, emails, text messages, or any other documentation that proves why you’re correct. The judge is ultimately trying to get an idea of you, your child, and your child’s parent’s situation, so provide evidence that gives them a clear story. Every claim you make should be backed by evidence.
Prepare for Your Child Support Hearing
In the child support hearing, a judge will either grant or deny the request to modify child support. You’ll want to bring evidence, along with an attorney, that strengthens your claims in court. Stay professional and avoid verbally attacking your child’s parent in court. The child support hearing is arguably the most important part of a child support modification case. For more information on how to prepare for your child support hearing, click here.
Can I win my child support modification case without a lawyer?
Parents in child support modification cases have a better chance of winning if they have legal representation and counsel on their side. While it’s totally possible for you to win your modification case without an attorney, you may be putting your parental rights in jeopardy.
Contact Us
If you’re looking to win a child support modification case and need the help of an experienced attorney, contact us. We’ll get you in touch with the most qualified child support attorney for your needs and preferences. Your first consultation is free. Get in touch with a child support lawyer today.