What happens if the amount of child support payable is more than the paying parent can afford?
If the amount of child support payable is more than the paying parent can afford, they can make a request to the court to modify the current order. In California, this can be done through the modification process which includes filing a court petition and having the court decide whether or not a modification is necessary. In the court petition, the paying parent must include information on their current financial situation and explain why they are unable to pay the amount of child support ordered. The court may consider factors such as a decrease in income, job loss, or higher living expenses. Once the motion is filed, the other parent will be given the chance to respond. At the court hearing, both parents will be able to present their case to the judge. The judge will review the facts, consider the law, and determine if the child support order should be modified. The court will take into consideration the child’s best interests and the paying parent’s ability to pay. If the court decides to modify the order, a new, lower amount of child support will be ordered. This new amount will reflect the paying parent’s current financial situation and be more in line with what they can actually afford. The new order will take effect immediately and must be followed by both parents.
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