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Modify Support For California Divorce? Run A Dissomaster First | Divorce661

Modify Support For California Divorce? Run A Dissomaster First | Divorce661

I get a lot of calls where people want to modify child support or modify spousal support for their California divorce.

This is all fine and well, but the first thing you want to do is make sure it is going to end up in your favor.

What I have found is that people just assume that by filing a motion to modify child support or spousal support that they will receive more or less in support based upon their gut feeling. Maybe they found out their spouse is earning more now and assume they should get more in support.

There are several things you have to consider, and while I won’t get into everything, I will provide a few examples.

Let’s say you have been receiving support for a few years both in child support and spousal support. Let’s assume that you come to learn that your spouse is now earning more money and thus your rationale for requesting more support.

Now in many cases, this would be simple and the justification for the request for additional support is based on a change in circumstances, that being one of the parties is earning more income.

But some other factors you need to look at is how has your income changed. As it has been several years, has your income gone up as well? When you ask for more in child support, will you spouse take that opportunity to ask for more custody and thus also affect the amount of support you receive or pay?

These are just some of the additional things you need to look at in addition to just how much income each of you receive.

And as I stated in the video above, at least 50% of the time when we run the numbers we learn that support would go down (for those who wanted to raise it) and go up ( for those trying to lower it)

I am happy to spend a few minutes on the phone with you to go over your situation to see if it would make sense to file a motion to modify child support and / or spousal support.

Tim Blankenship – who has written posts on Divorce 661.