An unexpected request to modify an existing child support order can quickly turn your world upside down. Potentially losing time with your child and having to rearrange your life to match the new custody order can be harrowing ordeals. Even when you expect the request ahead of time, it can still be incredibly difficult to navigate the potential complications and changes to your life. 

However it’s important to remember that the request must be approved and granted in the first place. This means you have the opportunity to argue against any changes and defend your ability to effectively parent your child. Today, we’re looking at arguments you can use to argue against a modification of child support in CA.

Reasons Why Modification of Child Custody is Typically Granted

First, let’s look at the arguments for modification of support to better understand what you’re up against. There are many valid reasons and arguments for changing a current support order, and your ex might be trying to anchor their cause via this type of reasoning. 

Generally, the courts work to prioritize the well-being and health of a child. In promoting a child’s best interests, the courts consider the following as potential valid arguments for implementing a change in child custody agreements:

• Change in child’s needs: If circumstances change for a child which impacts his or her needs, a modification that better serves these needs could be considered.
• Change in parents’ schedule: Likewise, changes to parents’ schedules, jobs, and overall ability to parent could justify a change in custody.
• Relocation: Having to move is another valid reason for potentially modifying a child support order.
• Hazards to child’s well-being: Allegations or evidence of abuse, neglect, substance abuse in part of a parent, or other risks to the child are often enough reason for the courts to change a custody order.
• Instances of parental alienation: If one parent is trying to keep the child away from another parent, a custody arrangement change could help ensure that the child spends an appropriate amount of time with each parent.

Arguments Against Modification of Child Custody 

With that in mind, there are also many valid reasons not to change an existing custody order. Effective strategies involving proving that the child’s interests won’t necessarily be served by the new change. Ways to demonstrate this can include:

• Undermining the other side’s evidence by putting things in context, such as with social media interactions, snippets of text conversations, and more
• Providing witness and character testimony from family, friends, and other involved parties
• Providing your own evidence to demonstrate that the other parent is unfit or a liability for the child’s well-being
• Demonstrating that your ex is unreliable and not a credible source of information
• Relying on expert testimony from a professional who can show that the child’s physical and mental health is best served by the current custody arrangement

Talk to a Family Law Attorney in CA Today

The outcome of a child custody modification hearing can have long-lasting effects on your life as well as that of your children. It’s imperative that you advocate for yourself and your loved ones, and our expert divorce attorneys are here to help. 

Rely on the seasoned team of family law legal experts at the White Oak Law. You can book a free initial consultation with one of our attorneys by calling our offices at 925-271-0999.