If you’ve been ordered to pay child support and you’ve been paying your child support, but then something happens and you lose your job or you get a demotion or you are making less money than you were when the order was made, what do you do? Obviously you don’t have enough money to keep making the support payments, and equally obviously the person receiving the support payment still wants to keep getting it. So if you have a child support order and you’ve lost your job whether you 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 court and you ask the court to modify your child.
Support order; it’s called a Child Support Modification Request. And you literally go into the court, explain to the judge what happened, this is what I was making then; this is what I’m making now; will you please recalculate the support so that I am paying an appropriate amount of support with regard to whether I am getting unemployment or whatever my economic situation is. In fact, depending upon the economic situation of the person you’re paying the support to, if you lose your 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 hounding me, and then they go into court to ask that the amount be modified, and the problem is that for all those months that you haven’t done anything, it’s just racking up what you owe. 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 can help 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 to when you originally filed your request. And that will give you the most relief that you can 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’s always 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 first questions they ask is do I have to keep making this payment that I can no longer afford to make? And the answer is well if you can’t afford to make it, you’re not going to be able to make the payment no matter what. But here’s what you need to do: you need to pay what you can while your request is pending. And the reason you do that is because you are demonstrating to the court that you’re.
Acting in good faith, Your Honor, I am doing what I can, I just don’t have the financial wherewithal to pay that original amount. So pay what you can while your request is pending, and ideally once the judge rules on your request and modifies your support down, that will be retroactive and you will receive credit for all of the payments that you have made.
Orientation to Family Court Mediation and Child Custody Recommending Counseling
We feel upset because we cry a lot. We feel sad and mad and angry. We were surprised and shocked when we heard the news. I used to feel sad, but now I feel mad and sad, and sometimes a little crazy. Most of us feel some amount of confusion; confusion about what is happening in our families and confusion about how we feel. As a sixyearold I was just confused, and I was wondering how my life was going to change. And I didn’t have any siblings to go through it with so I kind of had to do it on my own. I was confused a lot, but until I was maybe 12, it was just quot;go with the flow.quot;.
The voices you just heard are a tiny sample of the millions of children who have experienced changes in their family that also involve the family court. Whether parents have been married and are now separating or divorcing, or whether parents have never been married and need to make custody arrangements regarding their children, the court system in California is designed to assist families through this sometimes overwhelming experience. It was difficult watching my daughter go through various levels of grief. It took some years, it was frustrating at times, but I hung in there, as did her mother, and we kept everything about the best out come for our daughter. California law requires that parents attend mediation if they do not agree about custody or parenting time with their children.
This process is referred to as Child Custody Recommending Counseling in some courts. Mediation and Child Custody Recommending Counseling are similar in most ways. My name’s Dan. How are you? I’m going to be your mediator today. Narrator Mediation is a process in which parents spend time with a neutral, specially trained professional Narrator (cont’d) who will listen to their concerns and help them develop a parenting plan that meets the needs of their family. What bothered me the most was that I wouldn’t get to see my daughter every day, and that kind of weighed on me. When parents first come to court it’s scary, and anxiety is heightened, and people are just not able to focus like they normally would in every day circumstances.
They have a fair amount of pessimism about what can possibly be achieved in there, and when you think about it it makes sense, because people come to court precisely because they can’t talk, and then the first thing they’re told to do is please go and try to talk. So as mediators we try to acknowledge those feelings and recognizing, as well, that people do heal. We want to give them an opportunity to consider all kinds of options and an opportunity to come up with their own plan that they can develop and customfit to the needs of their children, focusing not on Mom’s rights or Dad’s, but, again, getting both parents to channel that energy into what’s best for the kids. Most courts in California have a Family Court Services program or other mediation program to help parents mediate their parenting concerns.
What I explain to parents is that there are three goals in mediation. The first goal is to try to help them come up with a plan. The second goal is that that plan needs to be in the child’s best interest, so it’s not necessarily what either parent may want, but it’s what’s going to be best for the child. The third goal is to help the parents reduce acrimony and bitterness between them, so that the children won’t suffer as a result. Child custody mediation is conducted by court mediators who are skilled professionals in the field of psychology, marriage and family child counseling, or social work. By statutory requirements everyone is trained in the area of domestic violence, the impact of domestic violence on children, also substance abuse, family dynamics, issues of child abuseâ€¦.
A lot of us have experience in the field working either as therapists with families, with kidsâ€¦ Because of our education and training, we’re able to navigate some of those very difficult situations that parents and children face. This whole single parent custody, it was all new and it didn’t reallyâ€¦ I had not been here before, you know, I didn’t feel like it came with an instruction packet, so I didn’t really know what to do. My job is to work with you and see if I can help you comeâ€¦ Narrator Mediation provides an opportunity for parents to work out their custody and parenting arrangements. There’s three really important issues that we need to cover in each session. One is the concept of legal custody, the second is the concept of physical custody,.
And then the third, of course, is the custodial schedule. The court would like to have people write comprehensive schedules, schedules that are detailed, for how parents are going to spend time with their children. It really depends. For younger kids it might be a schedule that enables them to remain with the primary caregiver and spend time with the other parent, maybe three or four days a week for a few hours at a time. As the children get older, or they’re already used to overnights, everybody defines their weekend in a unique way. Some parents, a weekend is from after soccer on Saturday until after dinner on Sunday. Another type of issue that we often see is move away requests, where one parents is looking to move out of the area with the kids.