Modification of Child or Spousal Support
Los Angeles Divorce & Child Support Lawyer
There are some options if you are looking to modify your child support or spousal support. You may consider the existing support orders to be unfair and desire to change them.
Modification of Child Support
There could be a change in circumstances and both parents could agree to modify the child support. However, this modification to be legally enforceable must be approved by a judge who will primarily consider the best interest of the children.
In the event that the parents can’t agree to the terms of a child support modification, then a court hearing would need to be requested where each party can present their case for the judge to consider. Generally to get a temporary or permanent modification of an existing order, the parent requesting the change will need to provide proof of change circumstances.
Examples of change in circumstances:
- Medical emergency of the child, the custodial parent or the paying parent
- The paying parent’s change in financial condition due to business losses or job loss
- Change in marital status of the custodial parent
Modification of Spousal Support
It is possible to obtain a modification of spousal support (alimony) based on changed circumstances similar to child support modification. Changes in health, employment and financial solvency can affect the ongoing obligation to pay support.
Cost of Living Adjustment (COLA)
A cost of living adjustment clause in a child support or alimony order results in the payment amount automatically increased for the amount of the cost of living increase. This is typically adjusted annually following an economic indicator such as the Consumer Price Index. Including a COLA clause eliminates the need for cost of living increase requests.
John Spurgeon & Associates evaluate child support and spousal support circumstances to reach a fair and equitable outcome for all concerned. To speak with one of our child support lawyers serving the greater Los Angeles area about this or other family law issue, please contact us today at 626-440-9518 for a complementary confidential consultation.