Divorce Attorney Recommends Modification of Child Support Order

Del Mar divorce attorney recommends that unemployed obligors seek modification of child support orders.

2011-12-22

DEL MAR, CA, December 22, 2011 (Press-News.org) In this struggling economy many child support obligors have lost their jobs or have faced a reduction in income. This may qualify for a modification of their child support order.

John Griffith, a Del Mar, California divorce attorney, commented on a recent court ruling involving the modification of child or spousal support.

"Non-custodial parents may not realize that support orders don't adjust just because their situation has altered," said Griffith, who's also a child custody lawyer. "A motion to modify your support order should be filed as soon as one receives notification that income will change."

A typical change of circumstances would be a decrease in the obligor's income due to involuntary loss of employment or a disabling injury. In either case, a motion could be filed for modification in the child support order.

"The court can only modify a support order back to the date a motion was filed," Griffith said. "The modification will only be made retroactive to the date a motion was filed to change support."

Example: If sole source of income is lost on Mar. 5 but the motion is not filed until Jun. 30, if the court rules in favor of the obligor, they will only adjust the child support arrears retroactive to Jun. 30 when motion was filed.

Griffith Law recently received a ruling in a DCSS case in favor of a client facing child support arrears totaling more than $30,000. The litigation endured almost two years.

"This was a big win for our client," said the California lawyer. "Their spousal support order of $3,000 per month was reduced to half and made retroactive back to the date the motion was filed. These cases are not usually litigated for such a long time, so this makes a great example for taking the initiative to file a motion as soon as one's financial circumstances change."

Griffith advised never make agreements for property division or child support modification outside the presence of a lawyer.

Learn More
Learn more about Griffith Law Firm and their services by visiting http://www.SanDiego-Divorce-Law.com. To schedule your free initial consultation and case analysis, please call 858-345-1720.

About Griffith Law
The divorce lawyers at Griffith Law have extensive litigation experience in all areas of family law practice and California divorce law. Based in San Diego, Griffith Law offers low flat fee services, a sliding hourly scale and military discounts.

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Divorce Attorney Recommends Modification of Child Support Order

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