Both can be changed and they can be changed for a variety of reasons. The most common would be a change in the ability of the paying parent to pay the amount previously ordered. Or quite possibly an increased need in the parent who’s receiving the support, and of course a change in the needs of the child who is being supported.
When there’s a material change of circumstance and material meaning going to something significant in either of those needs or abilities that we’ve talked about, then any court as long as the child is of support age, can revisit and change child support. In Nevada there’s a specific provision that merely the passage of three years entitles a parent to a review of child support, not necessarily a change. You still have to show a material change of circumstance but you get a free look at it simply because of the passage of three years in Nevada. There is no similar review based upon time only in California.
Leslie Shaw practices family law in both California and Nevada, and has been involved in close to 1,000 family law matters largely involving litigation throughout his 40 year career. He is also a Certified Family Law Attorney, a status granted by the California Board of Legal Specialization. To learn more about Leslie and his practice, please visit www.ljslawoffice.com.