Q: I pay $1200 in child support per month in the following scenario, can I modify my payment at all? I live in California.
I pay $1200 per month in child support. Plus I have an Ostler-Smith for extra income above my salary.
I have my regular job and a small business that I have been growing since 2017. I have been paying child support for 1 year now. The order went into effect in 2021.
Next year I want to take an opportunity at growing my business by quitting my regular day job and focusing on my small business.
1. Will I have to show steady income from my small business?
3. Can I request a modification of the child support order based on a change in circumstances, such as a significant decrease in my income due to quitting my regular job?
4. If my small business is not yet profitable, will I still be required to pay the full amount of child support as ordered by the court?
Thank you!
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A:
It may be possible to modify child support payments in California if there has been a significant change in circumstances since the original order was issued. Examples of significant changes in circumstances may include a change in income, a change in the amount of time the child spends with each parent, or a change in the child's needs.
To request a modification of child support, you will need to file a motion with the court that issued the original order. You may want to consult with a family law attorney to help you prepare and file the motion.
In general, the court will consider various factors when deciding whether to modify child support payments, including the parents' income and expenses, the child's needs, and the amount of time the child spends with each parent. It is important to provide evidence to support your request for a modification, such as pay stubs, tax returns, and documentation of any significant changes in circumstances.
Keep in mind that until the court approves a modification, you are legally obligated to continue paying the amount ordered in the original child support order.
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