Like many people across the United States, you have a legal obligation to pay child support. You seem to have reached a juncture at which you find it challenging to meet your child support obligation. You indicate that you feel you need to get a second job in order to afford child support. As an alternative, you wonder whether it is possible to get the existing child support order changed.
All states have established child support guidelines. These guidelines are utilized to calculate the amount of a financial obligation by the non-custodial parent for the benefit of a child in a particular case. The guidelines rely on the income of both parents as the primary element used in calculating a child support obligation.
With that understood, your question suggests that you maintain the same job you held when the child support order was established in your case. In other words, it seems that the amount of child support you are obliged to pay is based on the guideline calculation using your existing employment status.
Another factor to bear in mind in regard to seeking a change to a child support order is the amount of time that has elapsed since the court initially issued a decree regarding the obligation. The laws governing support and care of child has stability and consistency as one of their objectives. Thus, generally speaking, a specific period of time must lapse from the date a child support order issues before the court will even entertain a motion seeking to alter that obligation one way or another.
Even if you feel you are struggling to meet your child support obligation, you need to take all steps necessary to ensure that support payments are made. The failure to keep current with a child support obligation can have serious consequences. These include everything from seizure of tax refunds to even jail time, depending on the extent of past due child support and the jurisdiction where you reside. In the final analysis, taking on extra job duties to ensure you keep current with a child support obligation is preferable to the sanctions a court can impose if the account goes into arrears.
If you feel as thought you cannot afford child support and think you need to get a second job, feel free to contact us online anytime or call 562-431-4333 for your free initial consultation with an experienced and proficient California Family Law attorney who will diligently work to resolve your case!