How To Modify Child Support In California

Child support is a crucial arrangement that ensures children have the resources to thrive in both homes. Despite the practice’s importance, life circumstances can change, requiring an update to the current order. If you believe your child support orders are out-of-date, it can be wise to understand how to modify child support in California.

Grounds for Modifying Child Support in California

California courts recognize circumstances can change over time and provide ways to adjust your situation. The key reasons a court may approve a modification of child support range from large changes in parental income to significant life changes like remarrying or extreme illness. When you want to modify your arrangement, speaking with an attorney can be your most sure way to understand if you have grounds.

• Significant Changes in Income

  A parent’s ability to pay child support is one of the most crucial grounds for receiving an order in the first place. When this ability changes, the order can change. Involuntary job loss, reduced work hours, or a disability hindering earning capacity can all be reasons to decrease a support amount.

  On the other hand, promotions with significant pay raises, landing a new higher-paying role, or even garnering retirement benefits like pensions, social security, or expense reduction can result in an increase in child support if a parent files a request.

• Adjustments in the Child’s Needs

  As children grow, their needs will naturally evolve. What worked when a child was a toddler may no longer be relevant once the child reaches preteen or teenage ages. Rising healthcare costs from braces or chronic ailments can necessitate increased support. Courts may also consider the child’s education, with college or vocational training requiring higher payments.

  Even extracurricular activities, like sports or music lessons, can be a factor when the court looks at the child’s needs. Similarly, when a child’s needs decrease, the court can respect a decrease in support amount.

• Shifting Custody Arrangements

  A shift in a child’s primary residence often leads to a new custody agreement. This change can trigger a review of child support. In these cases, the court can assess the new living situation to determine whether or not an adjustment is necessary to the child support arrangement. The goal is to ensure the household can meet the child’s financial needs.

• Other Major Life Changes

  California law recognizes other major life events that can impact a parent’s ability to provide child support. Situations about a parent’s remarriage with a high-earning spouse or the death of a financially contributing spouse can warrant a change in payments. Typically, a child reaching an adult-based age ends the support agreement altogether.

Steps to Modify a Child Support Order

The process of requesting a child support modification can seem daunting, but you can achieve the desired results with careful preparation. A knowledgeable family law attorney can also help you through the process and remove any potential for mistakes. The typical process for a modification request includes:

• Gather Supporting Documentation

  The first step in modifying the support order is gathering documentation that supports the need to change the agreement. Without proper evidence, the court will not accept a change in the support, as doing so could put the child’s livelihood at risk. Supporting documentation can include proof of income changes, such as paystubs and tax returns, or employer-related paperwork, such as letters documenting job loss, reduced hours, promotions, or a disability.

  If your request stems from increased childcare needs, you need evidence such as medical bills, educational expense receipts, or extracurricular activity enrollment information. Additionally, if your change in custody is the main reason for modifying the previous order, you will need a copy of the court-approved custody agreement.

• Filing the Modification Petition

  Initiating the modification process requires obtaining the “Request for Modification of Child Support Order” form from a county clerk’s office or online. Once you have the necessary form, you must fill it out accurately, detailing your life, the other parent’s situation, and your child’s circumstances.

  You should clearly explain the impetus for seeking a modification on your form while attaching all the supporting documentation. After completing your materials, you can submit your petition to the court and pay the associated filing fees.

• Serve the Other Parent

  It is vital to ensure the other parent receives copies of the documents related to the modification request. Using certified mail or another guaranteed mode of transport can help ensure the other parent gets what they need. The court will require proof that the other parent received your documents, so obtain a delivery receipt or a signed acknowledgment from the other parent.

• Receiving the Court’s Decision

  The court will review your petition and decide whether or not to proceed with the modification. If the court rejects your modification, you should contact an attorney for additional help with your case.

FAQs

Q: How Much Does Modifying Child Support Cost?

A: The cost of modifying child support depends on your approach, as there are none to minimal upfront costs. Since there are no filing fees for the initial petition, you can acquire free assistance from the District Attorney’s office if you want a low-cost solution. Hiring an attorney is the way to ensure a professional handles their modification, but there is likely to be a cost associated with retaining an attorney.

Q: How Long Does It Take to Modify Child Support?

A: The time it takes to modify child support can depend on the individuals involved in the modification situation. If you utilize a District Attorney’s office’s free but likely slower option, you can expect a wait time of several months. Those who seek an expedited process can hire an attorney who can handle communication and paperwork efficiently to make for a faster overall process.

Q: Can Child Support Be Modified Retroactively?

A: Child support cannot typically be modified retroactively. This limit means that a court will only require the payer to pay the new amount after the certified modification date. While this is the court’s typical stance, if the payer has a history of financial concealment or a mathematical error exists in the first place, these unique circumstances can necessitate retroactive payments.

Q: What Happens if I Don’t Pay the Modified Child Support?

A: Failing to pay the modified child support in California can lead to severe consequences. If a court finds you violating an order, they can garnish your wages, place liens on your property, suspend your driver’s license, deny your passport, intercept your tax refund, or even hold you in contempt. It is never wise to willingly avoid child support payments. If you need help, you should reach out to the court.

Requesting a Child Support Modification

While your circumstances may change, warranting a child support modification, the courts are not automatically privy to your situation. When you want to change your agreement, you must contact the proper authorities to validate your request. There are two main paths you can take in modifying a support agreement in California:

• Utilizing the District Attorney’s office. Going through the district attorney’s office is one of the more common methods because you can complete the change yourself. Many people with the time and effort seek this path since the DA’s office can help you file any necessary paperwork while communicating with the other parent.
• Seeking help from an attorney. People with less time or with complicated or high-conflict situations can hire a family law attorney. Our team can guide you through conflict, the legal process, and dealing with the outcome while advocating for your interests.

If you need a child support modification, contact Bickford Blado & Botros today. Our family law team wants to work with you to ensure your child support in order fits your situation.

 

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