Significant life changes that occur post-divorce take on new meanings than they would have had they occurred prior to a divorce or prior to marriage. Whether you land a new job, get promoted, or face a layoff, these changes can profoundly impact your existing divorce orders.
Employment changes are a common aspect of life. Some common scenarios you might encounter:
- Layoffs
- Promotions
- Career changes
- Industry shifts
- Relocation for work
- Transition to or from part-time work
Each of these changes can influence divorce orders, requiring adjustments to maintain fairness and meet legal obligations. Keep reading to learn more about how these common scenarios affect different aspects of your divorce settlement.
Changes in Income & Spousal Support
Scenario 1: Promotion or Higher-Paying Job
If you receive a promotion or move to a higher-paying job, your increased income could lead to adjustments in spousal support obligations. In California, spousal support can be modified if there's a significant change in circumstances.
In cases where the paying spouse's income has significantly increased, the recipient spouse might seek an increase in support payments, arguing that the improved financial situation warrants higher support.
Alternatively, suppose the receiving spouse gets a significant raise. In that case, the paying spouse may request a modification to reduce their obligation, arguing that the receiving spouse is better positioned to be financially independent.
Scenario 2: Job Loss or Lower-Paying Job
Conversely, if you face job loss or must take a lower-paying job, this can justify a reduction in spousal support obligations for the payor or an increase in support for the receiving spouse. In any case, if you believe you qualify for or need a modification, act swiftly.
This is especially critical if you are a paying spouse and are struggling to meet your court-ordered obligation due to a loss of income. The court will consider your current income level and ability to pay when deciding whether to grant a reduction in payments.
Impact on Child Support Orders
Scenario 1: Earning More with a New Job
A new job with a higher salary means your child support obligations could increase. California courts prioritize the child's best interests, ensuring they receive adequate support. Any modification will consider the child's needs alongside the parent's ability to provide support.
Scenario 2: Reduced Income
If you're earning less due to a new job or job loss, you may seek to reduce child support payments. The court will assess your financial ability and the necessity to maintain the child's standard of living. Filing for a modification promptly is crucial to reflect your new financial reality and avoid penalties.
In either case, California follows specific child support guidelines that consider several critical factors, including each parent's income, tax filing status, time spent with the children, and other relevant considerations.
Additionally, you can utilize California's free online child support calculator to gain insight into what your obligation may look like based on your new income level.
Custody & Visitation Modifications Due to Job Changes
Scenario 1: New Job with Different Hours or Relocation
A new job may come with different hours or require relocation, impacting custody and visitation schedules. Modifying custody orders involves demonstrating that your new work schedule significantly interferes with existing arrangements.
When relocating, consider how it affects joint custody arrangements and the child's best interests. Generally speaking, small relocations (like across town or within 25 miles) don't necessitate a modification. However, if your new job takes you to a new city, state, or beyond, it is recommended to consult an attorney regarding how this move will impact your custody order.
Scenario 2: Job Loss or More Flexible Hours
Losing a job or having more flexible work hours might increase your availability to spend time with your children. This circumstance can justify seeking a greater share of custody or visitation rights. Conversely, if you've lost your job and are forced to take on a job with more hours or multiple jobs to make ends meet, you may need to reduce your custody to accommodate the new situation.
Regardless of your situation, custody changes are often stressful for everyone involved. Consulting with an attorney can help you understand this process more fully and guide you in determining what is best for your family.
If you are going through an employment change, reach out to The Law Office of David A. Martin & Associates to find out how this change will impact your divorce and custody orders.
