Bay Area & Sacramento Area Family Law Blog

California parents who are owed child support payments should be aware of how and when they can ask for a modification. Under some circumstances, child support can indeed be modified. These circumstances include a change in the non-custodial parent's income and a change in the child's need, such as education or medical expenses. Requests can be filed through the Child Support Enforcement Office in the state where the original order was granted.

However, some states have placed limits on how often a parent can request a child support modification. They may only review requests every 24 months, for example, which can pose a problem for parents whose financial situations have frequent fluctuations. In states that limit requests, the courts will not be willing to make exceptions even if there is a significant reason to request a modification.

Parents in California who are no longer together must generally provide financially for their children. If a custodial parent incurs medical bills that are not covered or reimbursed, the noncustodial parent may have to cover a portion of those expenses. In some cases, this is true when the amount reaches a certain percentage of their original child support payment. Parents may also be ordered to cover these costs as a percentage of their monthly income.

How a child support order handles medical expenses may depend on what type of expense is being incurred. For instance, if the expense is non-recurring, the amount each parent must pay will be based on each person's income. When an expense is incurred, custodial parents may need to request that the noncustodial parent then contributes his or her share of the cost. Payment may be made directly to the custodial parent or to the health care provider.

Many divorce cases in California involving disputes over paternity end up being settled with DNA testing. And if child support is a factor, it's not unusual for this type of testing to be required. This is because DNA analysis has now reached a point where results are nearly 100 percent accurate. It's also a step that may be necessary if a child was conceived when parents weren't married since the father is not automatically considered the legal dad in situations like this - he's typically referred to as the "alleged father."

Oftentimes, conclusive DNA results are all that's required for a court to order a confirmed father to pay child support. On the other hand, a man who is currently making support payments may be relieved of this burden if results show he is not a child's biological father. DNA test results can also be reason enough for a court to grant a confirmed dad visitation rights and/or custody of a child. Additionally, some fathers identified with DNA testing step up and assume their role, even if there is no significant relationship with the other parent.

California couples should be aware of ways they can financially divorce-proof their marriages. Financial strife is a major factor in why couples divorce. A survey suggests that 59 percent of divorced couples at least partially blame financial issues for their divorces. Another 20 percent claim that financial issues were a major factor in why they divorced.

The dating phase is the best time to hash out financial issues and plan for the future. Being on the same page from the start can help significantly down the line when the couple is married and may be struggling with finances. Couples are also recommended to reach out for financial advice by contacting a certified financial planner or a therapist. Involving a third party who will offer unbiased advice can make a big difference when it comes to planning a future.