The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Home » Areas of Practice » Child Support » Modifying Support Payments

Modifying Support Payments

Posted on October 25, 2019February 7, 2020 by Editor

Are You Paying Too Much in California child support or spousal support?

To determine if you are paying or receiving the correct amount of child and spousal support you should look at your current California child support and/or California spousal support order to make sure the calculations are correct. You should also consider if any order reflects that current condition or circumstances that exist for you and the coparent.

The Law Offices of Edward Misleh, APC is a law firm that practices California family law and California divorce law.  We represent clients in Northern California with services they need and deserve when addressing California divorce, spousal support and child support.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Modifying Support Payments

Before you consider returning to court to request modifying support payments, for either spousal or child support payments, you should check the last court order to ensure that you have been paying the correct amount.


Reasons for Modifying Support Payments

I want to change the amount I pay.  How is support modified?

There are many reasons you may have for modifying support payments such as:

  • The income of  one or both parties has changed;
  • One parent has lost their job;
  • One parent has been incarcerated;
  • One party has another child from another relationship;
  • One party is now in a new relationship;
  • There have been significant changes in how much time the child in the case spends with each parent;
  • The child’s needs may have changed and there may be more (or less) costs for child care, health care, or education;  and,
  • There have been changes in any of the factors that are used to calculate child support or determine spousal support.

Factors to Consider for Modifying Support Payments

What does the court consider to modify support?

  • Timeshare is the amount of time children spend with each parent.  Any calculation should be done on an hourly basis to ensure accuracy.  You must also consider any timeshare differences for other children you and your co-parent share.
  • The tax filing status for you and the coparent are correct and that all taxes are included.  Tax payments will vary should you live outside State of California
  • Payments for all interest paid on a mortgage and all property taxes have been included.
  • The possibility of a hardship deduction to care for other children in the house who are not the children of you and your co-parent.
  • All child care costs add-ons are being divided equally.
  • Verify your income and your co-parent’s income.  Take the amount of pay on a biweekly paycheck (every other week), multiply it by 26, and then divide the total by 12 to arrive at a monthly figure.
  • All overtime pay is considered.  If a co-parent’s overtime has suddenly stopped, the court can consider average in the past 12 months of pay.
  • Any other income for you and your co-parent (rents, social security or interest) is included.
  • A self-employed co-parent has correctly accounted for all income and expenses arising from their business.
  • That all non-taxable income such as worker’s compensation, disability and non-taxable social security is included for gross income.
  • All health insurance premiums (medical, dental, and vision) have been included.
  • Retirement Accounts contributions that are mandatory are included.
  • Payments for any job-related expenses have been considered (union dues, uniforms, gas, car payments, bridge tolls, work-related cell phones).
  • Any current child support has ended for any child who has graduated from high school or has reached the age of 19 (whichever is first).
  • That the co-parent receiving support has not moved-in with their lover.  Spousal support can be reduced or eliminated if the supported spouse is in a romantic relationship and the significant other is paying some or all of the supported spouse’s bills. A romantic relationship differs from a roommate situation in that it is presumed roommates share expenses.

CALL NOW TO MAKE AN APPOINTMENT

321-951-9164

For additional information on spousal support, click on one of the following links:

California Spousal Support

Support Wage Assignments

Temporary Spousal Support

California Child Support Services

Divorce

Military Divorce

Sacramento Military Divorce

California Divorce

Simple Divorce

California Divorce Information

California Divorce Forms

Divorce Reimbursements

Legal Separation

California Legal Separation

Putative Spouse

California Divorce Attorney

The Law Offices of Edward Misleh, APC

California Attorney Edward Misleh

California Divorce Attorney

California Family Code

Law Offices of Edward Misleh

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites