Post-Judgment Support Matters

After a divorce or paternity action is completed, often times, each party retains the right to apply to the Court for either an increase or decrease of the support that they are presently receiving. This is usually applicable not only to the child support orders but also to a spousal support order as well.

The procedure for a post-judgment modification of support is to apply to the Court for a change of the support amount. In order for the Court to have jurisdiction to change the support amount, however, the requesting Party must show a change of circumstances which would justify the change in the support order.

Customarily, a change of circumstances for modifying a child support order includes the fact that one or both parties has significantly increased or decreased his or her income, the fact that the parties have changed their timesharing arrangements with their children. Another example of a proper request for a modification of support is when a parent has lost his or her job, thus changing his or her ability to provide support under the present orders or requiring additional support from the other parent.

When either party is requesting an increase or decrease in support, it is essential to understand that that party must show a material change of circumstances and provide the Court and the other party with an updated financial declaration.

In California, once during a twelve month period, a party can serve a form on the other parent requesting an updated financial declaration. Should that party not respond as requested, he or she could be held liable for the costs associated with bringing a Court action to modify support.

A conference with an attorney can provide answers as to whether the change is material and what the new support level should be, and the attorney can advise you whether or not it is appropriate to apply for a modification of support.