Child support guidelines were created to ensure parents pay an amount that is within
in their means while at the same time provides their children with the
support they need to continue enjoying the same standard of living they
had while their parents were married. The amount a parent pays is not
universal, but rather is based on the parents’ levels of income
and the number of children in need of support.
divorce, circumstances sometimes change and a parent may need to change or modify
the child support order in response to those changes. Judges are supposed
to grant a modification if the parent can prove he or she experienced
a significant change in circumstances, such as an unexpected job loss
or medical emergency.
While this is supposed to happen, often it does not, much to the frustration
of the parent needing the modification. This situation happened to Anthony
Fernandez, a Nevada man who was ordered to pay $80,000 a year in child
support while earning $500,000 to $4 million a year in the stock market.
After the economy soured and the stock market crashed, Fernandez took
a job as a car salesmen, where he brings home roughly $3,000 a month.
Obviously unable to keep up with his child support obligations, Fernandez
asked the Nevada Supreme Court to grant him a modification, but the court
said his case must be heard by the district court. If the lower does not
grant Fernandez a modification and lower his child support obligations,
it will be nearly impossible for him to continue making payments. How
the court expects a man making $36,000 a year to pay $80,000 in child
support is beyond reason.
Do You Need to Modify Your Child Support Order?
As you can imagine, this is an incredibly frustrating situation to be in.
If you have recently sought a modification but were denied, a Los Angeles
child support lawyer at the Claery & Hammond can help you appeal your
modification or seek another. We understand that sometimes life’s
circumstances change, and strongly believe the courts should be willing
to amend previous court orders when such circumstances occur. To schedule
a consultation with an attorney at our office to discuss your
post-judgment modification, please
contact Claery & Hammond, LLP today.