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Actress Seeks Decrease in Child Support Payments

Oscar award winning actress Halle Berry had made headlines around the world once again last fall, but not for the reasons you may think. This talented actress’s tumultuous divorce from ex-husband, Canadian model Gabriel Aubry, had thrown both into the spotlight for their never-ending custody battles and bitter feuds.

The story behind Berry’s most recent request for a modification of child support judgment is one that is familiar to many Californians: she believes that the monthly child support payments of $16,000 should be reduced to $3800, after Aubry has allegedly been using the money for clothing, car payments, health insurance and electronics.

Determining Your Child Support Payments

California uses a standard formula to calculate the amount of child support that a parent will pay for any children under the age of 18. Though many factors come into play, three key issues are:

  • The income of both parents (custodial and non-custodial)
  • The amount of time a parent spends with the minor child
  • Both parents’ available tax reductions

However, there are situations in which this standard formula may not result in a fair child support judgment. In such cases parents should seek professional legal counsel to ensure that their children are well cared for and that they are able to continue to support themselves.

A Change in Income May Not Be Enough

Parents can request a review for a ‘modification of a child support order’ at any time in the state of California, even if both parents have agreed previously that the support agreement will not be changed.

There are a number of reasons why a parent may feel that a modification of a child support judgment is needed – from the standard formula not pertaining to their particular situation, to having a change in his or her employment situation. But a reduction or change in income alone often doesn’t demonstrate that a modification is warranted to the courts, which can put a parent in dire financial straits.

This is where the help of an experienced and well-versed family lawyer is vital. At the law offices of Fischer & Van Thiel, LLP we have lent our expertise in calculating fair and appropriate child support payments to many clients, shielding their financial assets while ensuring that their children’s interests are protected.

To discuss your particular situation, we invite you to call us today for a free consultation to find out how we can help you at (858) 935-6211.

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