If you’ve been ordered to pay child supportand you’ve been paying your child support, but then something happens and you lose yourjob or you get a demotion or you are making less money than you were when the order wasmade, what do you do? Obviously you don’t have enough money to keep making the supportpayments, and equally obviously the person receiving the support payment still wantsto keep getting it. So if you have a child support order and you’ve lost your job whetheryou live in Los Angeles County or Ventura County or anywhere in the state of California,if that has happened to you, can you do anything about it? The answer is yes. You go to courtand you ask the court to modify your child
support order; it’s called a Child SupportModification Request. And you literally go into the court, explain to the judge whathappened, this is what I was making then; this is what I’m making now; will you pleaserecalculate the support so that I am paying an appropriate amount of support with regardto whether I am getting unemployment or whatever my economic situation is. In fact, dependingupon the economic situation of the person you’re paying the support to, if you loseyour job they might have to pay you support. So the key here is you have to act quickly.A lot of people will lose their job, they will just stop paying, and then three, four,five, six months later they finally decide
I have to do something because my ex is houndingme, and then they go into court to ask that the amount be modified, and the problem isthat for all those months that you haven’t done anything, it’s just racking up what youowe. So if you’re laid off, or if you suffer some kind of interruption to your cash flow,you need to get yourself in front of an accomplished, experienced child support attorney who canhelp you get into court, ask for the request, and then when your hearing is held one, two,or three months later, you can ask the court to make the new order retroactive back towhen you originally filed your request. And that will give you the most relief that youcan possibly get. And when we’re talking about
a child support modification in California,you are always entitled to have an award of guideline child support. In other words, it’salways modifiable based on the circumstances that are happening at any given moment.When someone comes in and they ask about a child support modification, one of the firstquestions they ask is do I have to keep making this payment that I can no longer afford tomake? And the answer is well if you can’t afford to make it, you’re not going to beable to make the payment no matter what. But here’s what you need to do: you need to paywhat you can while your request is pending. And the reason you do that is because youare demonstrating to the court that you’re
acting in good faith, Your Honor, I am doingwhat I can, I just don’t have the financial wherewithal to pay that original amount. Sopay what you can while your request is pending, and ideally once the judge rules on your requestand modifies your support down, that will be retroactive and you will receive creditfor all of the payments that you have made.
Orientation to Family Court Mediation and Child Custody Recommending Counseling