Child support is a tricky subject for California Courts to get right. On one hand, the courts strive to provide custodial parents and their children with enough to get by on in addition to any income of the custodial parent, and on the other hand, the court cannot put the noncustodial parent into financial ruin by ordering too great of child support payments. Whether the original support order was adequate or not, custodial parents do have the right to seek modification when circumstances have changed significantly and for the foreseeable future. Contact a San Jose child support attorney for more information on how to proceed.
Cost of Living Increases
Santa Clara County is the fifth most expensive metropolitan area in the country to live in, according to Huffington Post. This may be no surprise to a single mom or dad, who is struggling to pay rent, put food on the table, pay for childcare, and save for the future. As a custodial parent’s cost of living increases and is beyond their control, they may seek a modification of child support to help make up the difference.
Medical Issues Arise
A tragic disease, accidental injury, or other serious medical problem can quickly balloon out of control for custodial parents relying on support payments that are simply not enough. The cost of medical care is rising rapidly, and even for children with insurance, medication, and treatment can cost an astronomical amount. For instance, some cancer therapies cost upwards of $30,000 per month, according to USA Today, and are becoming even more expensive by the year. It is the responsibility of both parents to provide health insurance in the state of California, and it should be the responsibility of both to take care of out of pocket medical expenses as well when their child gets sick or injured.
Change in Income for Either Parent
Whether the custodial parent lost a job or had to take on a lower paying position, or the noncustodial parent got a raise or a higher paying job, there is reason to seek a support modification. Child support is based on both parent’s incomes, and a change in either is grounds for a modification. Noncustodial parents should not be able to pocket their extra income while their child and the custodial parent continue to count pennies or fail to put enough away for a rainy day.
Call One of Our San Jose Child Support Attorneys Today
The passionate San Jose child support attorneys at the office of Gemma V. Reyes have vast experience dealing with all types of child support cases and scenarios and will help you modify the support your child receives to accurately reflect their needs. Call for help today and to set up a free consultation with one of our compassionate lawyers.