I’m Still Paying Child Support After a Change in Custody: What Should I Do?

In California, child support is determined based on a standard formula. Many different things are considered as part of this formula, including parental income, the number of children, other support obligations, and the amount of time that a child spends being cared for by each parent. When your children are physically with you and under your care, the court assumes that you are paying for their needs. This means that you should not have to pay when your kids are living with you.

If there has been a change in custody and your kids are now spending more time with you, you can’t just stop paying child support. There are steps you need to take in order to adjust child support after a change in custody. The Irvine, CA family law attorneys at Brown & Charbonneau, LLP can provide you with advice and assistance in petitioning the court to modify your custody and support orders. Give us a call as soon as possible so you can protect your kids and your finances.

What to Do If You are Still Paying Child Support After a Change in Custody

If you are still paying child support after a change in custody, you need to file a petition with the court. You will need to show that the formal custody arrangement has been altered and that your kids are now living with you or spending more time in your home.

If your kids are simply living in your house and you have not yet had your custody agreement altered, this is the first step in getting child support modified. Even if both you and your ex agree that it is best for the kids to be in your home, you still need to go to court and get your new parenting agreement officially recognized.  Your custody order is going to apply to determine support, even if it no longer is actually an accurate representation of where your kids live. This is why it is so important to ensure that the court has the most up-to-date parenting plan in place.

If both you and your spouse agree that custody needs to change, it is easy for you to file a joint petition with the court to alter your existing custody arrangement.  When you ask the court to change the custody order to reflect the fact that the kids now live with you, you can also petition for a change to child support.

It is best to ask the court to legally recognize the changes as soon as possible. If your ex changes his or her mind, you are going to have a harder time getting the custody and support orders changed even if you previously agreed on what was best for your children.

An experienced Irvine family lawyer at Brown & Charbonneau, LLP can provide you with assistance in asking the court to change your custody and support orders. If you are still paying child support after a custody order has changed, give us a call today so we can move forward in helping you to get a modification.