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evan@evanbraunsteinlaw.com

How To Reduce Child Support If You Lose Your Job

Saturday, July 11th, 2009
Categories: Blog, Child Support

California child support is based on a complex formula that takes many factors into account. This formula is called guideline child support. One of the primary child support factors is the income of each parent. A change in either parents’ income caused by the loss of a job, a pay-cut, or a new job will result in a corresponding change in the guideline child support.

Parents with a change of circumstances, such as a change in income, can file an order to show cause for a modification of support to have the current guideline support, and the current child support order reflects their current income. The Court has jurisdiction to modify child support retroactive to the date the order to show cause was filed. This means that even if you have lost your job, your support cannot be modified back to the date of the change of your income, but only back to the date that you filed the order to show cause for a modification of child support.

After you lose a job, whether you are working less or not at all, you may have more free time to spend with your child or children. Child Support takes into account the amount of time each parent spends with the child(ren). Timeshare is a major factor in the California guideline child support formula. If you are not working all day or every day, you might be able to spend additional time with your kids each week. This could increase your timeshare, and result in a lower monthly child support payment. This could save more money for you and the other parent if this additional time replaces after school care, daycare, or another out of pocket expense.

A change in visitation is not automatic. In some cases, the other parent will agree to a change in a visitation. Frequently, however, they will not and it will be necessary to file a motion or an order to show cause for a modification of visitation. If you are successful in getting an increase in visitation and a greater timeshare, a modification of child support may be appropriate. Either way, It is important that you do not reduce support or child visitation on your own without a Court Order. California has very specific rules relating to the modification of child visitation and to the modification of child support. Failure to follow these rules and procedures can have serious consequences. If you have a case involving the modification of child visitation the modification of child support you should contact a family law attorney.

If you have lost your job, or believe that you may be entitled to a reduction in child support based on your reduction in income it is important that you do not reduce support payments on your own. California has very specific rules and procedures for modifying child support. If you would like to modify child support, or if your child’s parent has filed for a modification of child support, you should contact a California Child Support Attorney. If you live in or near Los Angeles or have a child support case in Southern California, you can call this Los Angeles child support attorney for a free family law consultation.

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