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Did you know based on recent data that the cost of raising a child in California has rose significantly over the past 10 years

  • Information gathered from sources like SmartAsset, California is among the most expensive states to raise a child.
  • Specifically, those sources indicate that the annual cost of raising a child in California is roughly around $29,468.
    • Thats more than $500,000 over the course of 18 years   
  • This number includes expenses like:
    • Childcare
    • Housing
    • Food
    • Healthcare
    • Education
    • Transportation.

Raising children is expensive and always a challenge even in the best of circumstances, but for divorced parents, child support can create additional concerns.

For example, what happens when a parent’s income grows, or if a parent loses a job?  Failing to pay child support can carry significant consequences.  In either situation, parents should know that child support payments don’t automatically change, but you can take steps to try to modify the child support order when there’s a substantial change in circumstances.

What counts as a change in circumstance for child support?

  • Changes in Income: Significant increases or decreases in either parent’s income.
  • Changes in Child’s Needs: Increased medical expenses, educational costs, or other needs.
  • Changes in Custody/Visitation: Alterations in the time each parent spends with the child.
  • Changes in Employment: Job loss or gain.

Also keep in mind that every 12 months after a final judgment of divorce or paternity, either parent can request that the other produce a current income and expense declaration that includes recent pay stubs and tax returns within 35 days.  Besides income, a change in custody or in the amount of time each parent spends with the child can also be a basis for modification.

Some Key Points to Keep in Mind:

  • The change must be “substantial.” Minor fluctuations in income may not be sufficient.   
  • The court’s primary concern is always the “best interests of the child.”
  • It is important to go through the proper legal channels to modify a child support order. Simply stopping payments or changing the amount without court approval can lead to serious legal consequences.   
  • It is often said that if the change in the calculated support amount would be 20% or 50 dollars which ever is less, that this is a good guideline for a substantial change.

Children should and are entitled to share in their parents’ standard of living, which means that a non-custodial parent’s rising income can often be reason enough for increasing the child support level.  Then again, if a non-custodial parent’s income goes down or for other reasons the parent is experiencing extreme financial hardship, a reduction in the support obligation is available.  We’ll work to secure a mutually agreed upon change to the child support order, and submit this stipulation to the court for approval, or show why modification isn’t appropriate if you oppose the request.

 

••Minella Law Group Can Help••

When agreement can’t be reached, we’ll seek a court order that will promote your child’s best interests.  Contact Minella Law Group with your concerns for help from an experienced family law attorney, (619) 289-7948.