Will the California Courts Allow for a Child Support Reduction During COVID-19?

Posted on: October 7, 2020

Will the California Courts Allow for a Child Support Reduction During COVID-19?

If you have lost your job or your finances have otherwise been negatively impacted by COVID-19, you might wonder: can I change the amount of my child support? The answer is that it depends. Keep reading to get the facts and contact Law Office of Michael L. Fell at (949) 585-9055 if you need to hire a family law attorney for help.

You Cannot Simply Stop Making Payments

There is no question that the pandemic has impacted the earning abilities of many people. If this has happened to you, the first thing you should do is look into financial assistance programs such as unemployment or deferred mortgage, or rent payments. Note that if you get unemployment, you can notify the office directly, and they will take your unemployment out of your check.

If you are not eligible for these programs or they do not help enough, you cannot afford to simply stop making payments. If you do, you will be accruing back child support and could be in contempt of court. This could lead to jail time and other serious punishments.

A Judge Will Consider Many Factors When Deciding to Approve a Modification Request

A number of factors go into determining how much child support a parent pays. If the parent who is being supported needs an increase due to the pandemic, they will need to show the initial order to the judge, along with proof of the change of circumstances. Their need for increase might stem from lost work or from additional child care costs when the child is not in school.

Likewise, if you need to pay less because of your financial situation, you will need to present the court with a copy of your initial order, along with evidence that your circumstances have changed. The judge will likely look at any tax returns or recent paystubs and then take the income of both parents into consideration, as well as how much time the child spends with each parent. Note that a judge might any money coming in as income, such as military pensions or interest on savings accounts.

In either case, whether one parent wants it to increase or to be lower, the one who wants the support modified is the one who must show a change in their circumstances. If you are not working, you might not only need to prove that you do not have income coming in but also that you cannot find employment.

Maximize Your Chances of a Positive Outcome by Working with an Attorney

The best way for you to increase your chances of success is to have an attorney on your side. It is easy to get started – just contact Law Office of Michael L. Fell at (949) 585-9055 and we will begin with a free legal case evaluation.