When parents of a child or children decide that they’re not going to stay together, they often go to court to figure out such issues as child custody and by result child support. Generally speaking, when a parent does not have primary custody of a child, he or she will be ordered by the court to pay child support until that child reaches a certain age. These orders need to be taken seriously, as they carry the same weight and consequences of any other court order that is not followed. People who do not remain current on child support payments can face serious legal problems as a result.
Despite that reality, statistics reveal that billions of dollars in child support payments across the United States have not been made in recent years. Many times this is the result of the non-custodial parent encountering financial problems and not being aware of how to handle them. Below is a brief overview of how to approach this type of a situation. Anyone who finds himself in this position needs to obtain the help of experienced San Diego child support lawyers as soon as possible.
One of the first steps that a father who is facing financial difficulties should take with regards to his child support obligations is to be proactive in nature. He should seek legal help to explain his situation so that a strategy can be formulated. Basically, the plan will usually involve petitioning the court to adjust or modify those child support payments to reflect the father’s current financial situation. However, there are ways to do this that could provide a better chance for a positive result.
One of the worst mistakes that a father can make if he is going to have problems making child support payments is to overstate those financial problems in an effort to reduce the obligation. Statements made by the father regarding his financial situation will need to be verified by way of employment records and tax returns, and any dishonesty that’s discovered will lead to a likelihood of having a modification request denied.
Understand the Standard
Generally speaking, a father can request a modification of child support if he has encountered what’s known as a substantial change in circumstances in terms of his finances. Examples of substantial changes in circumstances include the loss of a job, a pay cut or some other financial development that could not be avoided and that cannot be corrected quickly or easily. Judges will review these situations carefully and they will attempt to be fair with their decisions so that the best result can be achieved.
If you are a father who is experiencing some sort of problem with this obligation, do not wait and hope that the problem resolves itself. Instead, seek the help of San Diego child support lawyers who have been helping fathers through this process for many years. Contact the Men’s Legal Center today to schedule an initial consultation.