Lower Your Payments
California law generally entitles you (Mom or Dad) to a recalculation of child support where any one of the following is true:
1. You have had one or more new children (not including stepchildren);
2. Your income has gone down (or your ex’s has gone up);
3. Your custody percentage has gone up; and/or
4. Your original computation was wrong.
In one of our cases, Dad was under a Court Order to pay $700/ month. Over several years, his custody percentage went up and his income went down. Meanwhile, Mom’s income increased substantially.
We ran a recalculation and it showed that instead of paying $700 per month, Dad should be receiving $500 per month. We were then able to get this done within several weeks.
If you believe that you may be entitled to a modification, it is important that you note that modifications are NOT retroactive !!!
In the above example, Dad would have actually been entitled to the modification at least a year earlier. But, because he waited, he suffered a financial loss of over $12,000.
Again, because modifications are not retroactive, the Court could not make any adjustment to compensate Dad for not filing earlier.