Changing Support & Custody Orders

Many people have misconceptions about support and custody or visitation orders.

• They either believe that these court orders can never be changed—they can.
• Or they believe that these orders can be changed at any time—they can’t.

Changing an Order of Support

Modification of court orders for child support are generally granted when either parent’s financial circumstances have changed. Changing spousal support is not as clear-cut as changing child support and you should consult an attorney about the circumstances of your case. Please contact the Law Offices of Shirley D. Jacobs to schedule an appointment with a Fremont, Walnut Creek or Pleasanton support modification lawyer to review your case for modification of a support order. Your initial consultation is free.

A change in child support must be approved by the court. A parent who is experiencing financial problems should not simply choose to withhold payment. Owing child support can have significant consequences, including suspension of your drivers license and garnishment of wages or tax returns. If you paid money directly to the custodial parent and he or she did not tell the Department of Child Support Services about the payment, the DCSS may think you still owe money. It’s important to see a lawyer right away to get this situation straightened out. Contact our office to speak to an attorney who can help.

Any significant change in income, upward or downward may be a reason to go back to court for modification of a child support order. Both parents’ incomes will be considered when making a decision for modifying child support. If you have lost a job or taken a pay cut, immediately request a modification of the current child support order. Do not stop paying support.

A change in custody and visitation may also be a reason to modify child support. If your child is now in your custody more often, the amount of support you pay the other parent will likely be reduced.

A change in child custody can be requested at any time. Many couples will make initial custody changes themselves without the involvement of the court but a formal modification custody / parenting time order protects the parent’s rights and may influence child support.

It is increasingly common to see custody cases come back to court when one parent is objecting to the other parent’s plan to move away with the child to another state or country. Non-custodial parents are at a huge disadvantage in California. A custodial parent may be granted the right to move if the decision to move is not based on a “bad” reason.

If you are at risk of losing access to your child due to a move-away situation, see an attorney immediately to develop a legal strategy to protect your access to your child. At the Law Offices of Shirley D. Jacobs, we work with parents to try to help them resolve these difficult issues—and we’ll take your case to court to aggressively defend your rights as a parent. Contact our office for a free initial consultation.

The Walnut Creek, Fremont and Pleasanton support modification lawyers at the Law Offices of Shirley D. Jacobs provide comprehensive services to residents of the East Bay area in California, including Alameda County and Contra Costa County and the nearby cities of Martinez, Danville, Lafayette, Moraga, Orinda, Livermore, San Ramon, Union City, Hayward, San Leandro, Alameda, Emeryville, Dublin, Berkeley and Oakland.