In most divorce cases involving children, the family court will order the amount of monthly child support to be paid to the supported spouse. That amount will remain in effect for as long as the court decides, or until one party can show a “change of circumstances” sufficient to modify the order. Under California law, there are no official guidelines governing when circumstances have changed enough to warrant a modification. The determination is typically made on a case-by-case basis and often rests on one’s ability to pay or one’s financial status. Child support is an extremely important issue in any divorce or separation case. An experienced San Diego family law attorney would be able to analyze your situation and determine the financial options for your family and you.
Courts often step in when a parent fails to make support payments or alleges that he or she is unable to meet the obligation. The California Family Code authorizes a court to require a parent who alleges that the parent’s default in a child or family support order is due to the parent’s unemployment to submit a list of at least five different places the parent has applied for employment. This is known as a “seek-work” order. In a recent California case, the ex-husband and father claimed that the court should not have issued a seek-work order and that the actual form was arbitrary. He also alleged that the family court abused its discretion by denying his request to modify the child support order.