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custody & support modifications Archives

Review of California child support modifications

This blog has previously discussed how a Los Angeles resident can get his child support modified. Sometimes, a change in child support is very important for a parent, as it could mean the difference between relative financial security and real economic hardship.

Important tax change to spousal support is on the horizon

The tax reform which was big news at the beginning of the year, among other things, made important changes to the way spousal support, which is sometimes referred to as alimony, will be treated for federal income tax purposes.

When can I ask a court to change my custody order?

Many couples in the Los Angeles area who live apart may come to an agreement about their custody and parenting time plans before they ever see the inside of a courtroom, while a handful will ultimately have a judge make such decisions for them.

What counts as income for child support purposes?

Most people in Los Angeles probably equate their income with salaries of themselves and their spouses or significant others. However, there are many people who get income in a variety of other ways, such as from investments, retirement plans and profit from one's own business.

Cohabitation could affect spousal support payments

It is becoming more common and socially acceptable these days for unmarried couples to live together. While this generally does not pose much of an issue in a couple's daily lives, cohabitation could have a significant impact on them if one partner is receiving spousal support from a previous marriage.

Can a support order modification in California be retroactive?

When a person in California divorces, their life changes dramatically. This is particularly true when it comes to finances. Not only will they have to adjust to living on a single income, but they may be ordered to pay (or receive) child support, spousal support or both. However, life is rarely static, and a support order that worked when the parties first divorced may not work years down the road. When this happens, either party may seek to modify the current support order.

Why might a California parent seek a child support modification?

As parents in Los Angeles move on from their divorce, in general, one parent will pay child support to the other parent. However, life has a way of throwing twists and turns in one's direction. Sometimes a parent's circumstances change so drastically that they feel the current child support order is no longer appropriate. In this situation, parents may pursue a modification of the child support order.

Will an incarcerated parent be responsible for child support?

It is unfortunate that sometimes a noncustodial parent in California will do something illegal. While some crimes are penalized by perhaps no more than a slap on the wrist, other times a person will face years in prison for a crime they committed. This has implications on the child support the incarcerated noncustodial parent is responsible for.

How can one legally stop paying spousal support in California?

A person might spend years paying spousal support to his or her ex after a divorce. It can be a connection to a failed marriage that they may not be happy with, but one must follow the court order in the divorce decree. While sometimes a person in California wishes to modify a spousal support order, and may be able to do so, there may come a time in which the person wants to end the spousal support order permanently.

A child support modification may not always go as expected

Child support can be a sticking point for many parents in California who are no longer in a relationship with one another. Of course, parents want to give their child the best upbringing they can. However, some parents may feel like they pay too much in child support. They may feel it is simply more than they can afford, or they may not approve of how their ex is spending the money. Conversely, some parents may feel like they do not receive enough in child support. They may feel that they are struggling financially to raise their child or they may feel like their ex earns enough to warrant higher payments.

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  • State Bar Of California | CBLS | California Board Of Legal Specialization
  • Beverly Hills Bar Association
  • LACBA | The Los Angeles County Bar Association

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