Enduring a divorce or child custody proceeding is often a lengthy and draining ordeal on an individual. Child support and Spousal Support are two issues that are often addressed based upon the parties’ finances at the time the judgment is entered. However, financial situations are constantly changing, and your court-ordered support amount may be inaccurate after changes in your life or the other party’s life. Job promotions, loss of employment, and new family additions are only a few examples of such changes. It is important to know that you can modify the amount of child support payments you give or receive.
Normally, you must first request a hearing with the court, and then ask the other party for updated information about their employment, monthly income and expenses, etc. However, you should be aware that there is a simpler and faster method of discovering the financial information you need to determine whether your support order should be changed.
The child support law, under California Family Code 3664, allows either the party ordered to pay support or the party receiving support to request that the other party produce an updated Income & Expense Declaration once every year. The producing party must also attach their most recent pay stubs, as well as their most recent tax return. A failure to produce the documents could lead to monetary sanctions (penalties), and would allow the asking party to request information directly from the other party’s employer. This request can be made without filing a request for a hearing, and once you receive the financial information from the other party, you will have a better idea of whether or not to request a change in your support amount.
A divorce or child custody proceeding is often a confrontational and emotional time, but the events after a judgment can be even more frustrating. Let an experienced Santa Barbara child support attorney to review your case and determine whether you are entitled to a modification of your child, spousal, or family support order. The law firm of Wallin and Klarich is prepared to answer your child support questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 for additional information.
