Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?
During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody arrangement and support that both parties agreed upon are quite challenging to alter unless there is a significant change. The recipient's income is $100,000 annually. In this situation, what degree of income change is necessary to file a Request for Order (RFO) for modification?
A:
Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.
To file a Request for Order (RFO) for modification, you generally need to demonstrate a "significant" or "material" change in circumstances. While there is no fixed percentage or dollar amount that qualifies as a significant change, the court will consider the following:
1. Income changes: If either party's income has increased or decreased substantially since the original agreement, it may warrant a modification. A job loss, promotion, or change in employment status could be considered a significant change.
2. Change in custody or visitation: If the parenting time arrangement has changed significantly, it may impact the child support calculations.
3. Change in the child's needs: If the child's financial needs have increased due to factors such as healthcare costs or educational expenses, it may justify a modification.
4. Change in the paying parent's ability to pay: If the paying parent has experienced a decrease in income or an increase in unavoidable expenses, they may request a modification.
Given that the recipient's income is $100,000 annually, the court would consider the specific circumstances of your case to determine if a modification is warranted. It's essential to gather evidence supporting your claim of a significant change in circumstances.
It's highly recommended to consult with a family law attorney who can review your case's details and advise you on the likelihood of success in requesting a modification. They can also help you navigate the legal process and present a strong argument to the court.
Remember that the court's primary concern is the best interests of the child, and they will make decisions based on ensuring the child's well-being and maintaining a stable environment.
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