John Griffith, a spousal support lawyer in Carlsbad, California, explains the affects a motion filing date could have on the modification of child support orders.
"One needs to understand that support orders do not adjust when financial conditions change," says Griffith. "Once notification of an income change is received, a modification motion should be filed."
Income information
When the income of the obligor changes, a motion to modify this order needs to be filed immediately.
Example: If employment is lost on Feb. 20 but a motion isn't filed until May 10, if the court rules in favor of obligor, they will only adjust the child support arrears retroactive back to May 10 when a motion was filed.
"A support order can only be modified back to the date motion was filed," says the divorce attorney whose firm, Griffith Law, recently received a ruling in favor of a client who faced child support arrears which totaled more than $30,000.
This case was litigated for almost two years. The ruling was a big victory for the client. A $3,000 per month spousal support order was reduced to half and made retroactive back to March 2010 when a motion was filed for modification.
While it is uncommon for litigation of DCSS cases to run for so long, it provides a solid case in point for obligors to file a motion for support order modification once their financial circumstances have changed, says the lawyer (http://www.sandiego-divorce-law.com/about-us).
Griffith also expressed the importance of seeking counsel from an attorney to review any changes in financial circumstances and to assist with filing of motion to modify a support order and to advise on flat fee divorce, as well as prenuptial agreement preparations.
Learn More
Learn more about Griffith Law Firm and their services by visiting http://www.sandiego-divorce-law.com/ways-to-hire-griffith-family-law . To schedule a free initial consultation and case analysis, please call 858-345-1720.
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About Griffith Law
The divorce lawyers at Griffith Law have extensive litigation experience in all areas of family law practice and California divorce law. Based in San Diego, Griffith Law offers low flat fee services, a sliding hourly scale and military discounts.
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Griffith Family Law
John Griffith
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