In California, child support terms are generally based on specific state guidelines. Child support orders set forth the financial rights and responsibilities of each parent. As life circumstances evolve and change for parents and their children, child support needs and obligations may also change.
In general, you may be entitled to amend a current California child support order if you, your child, or your child’s other parent experiences a material change in circumstances. For example, if your child’s financial needs change or either parent experiences a significant increase or decrease in income, requesting a child support modification may be appropriate. See below for more information about amending a current California child support order.
Qualifying Factors To Request A Modification Of Support
Change is inevitable, which is why California law provides a legal process to modify child support. However, not all change justifies a child support amendment. In determining modification, courts will look to evidence of material changes. Minor or brief developments generally do not substantiate a change in child support.
Examples of qualifying circumstances that support an amendment to existing child support terms include:
- A significant reduction or increase in income for one or both parents. Changes in income are often due to job loss, job change, and promotions.
- A change in custody, visitation, and how much time a child spends with each parent since the current support terms were ordered.
- Changes in a child’s financial needs for education, extracurricular activities, or medical expenses.
- A parent is incarcerated.
- A parent has a new child, or there is a change in support obligations for other children.
- One parent is deployed to active military duty.
- A parent suffers a disability or illness that impacts their income and medical expenses.
Parents may agree to a child support modification, but you still must go through the legal process to secure an order from the court. If you modify the amount of support without a court order, your agreement is unenforceable, and you are only bound by the terms of the child support order that is already in place.
Legal Process To Amend A Child Support Order
The legal process to amend a child support order depends on whether or not you and your child’s other parent can reach an agreement. Some parents turn to a family law facilitator to help them iron out a change in child support terms. When both parents agree to the modification, the legal process to amend the support order is simplified.
As mentioned above, a child support modification agreement is not enforceable until it has been approved by the court. In general, both parents will stipulate new child support terms and file that stipulation with the court. In most cases, the judge will approve the new terms and sign off on a child support modification order.
When Child Support Modification Is Contested
When parents do not agree to new child support terms, the court is left to decide whether or not a modification will be granted and what the new terms will be. One party files paperwork with the court to request support modification. A court date will be set, and the other parent will be served with court papers.
Next, both parents will prepare for the court hearing. They will attend the modification hearing, and each side will present their arguments and evidence. The judge will consider all of the evidence and decide whether or not to grant the request for a child support modification. An attorney will help you by preparing your case, filing the appropriate paperwork, and advocating for your rights at every step of the legal process.
Supporting Evidence For A Child Support Modification Request
To succeed in court, you will typically need to provide evidence that substantiates your position in a request for modification or opposing a modification request. Examples of supporting evidence include income tax filings, medical records and bills, copies of unemployment filings, and receipts for child expenses. Other evidence people often submit relates to health insurance, childcare expense, and retirement income.
Reach Out To A California Child Support Modification Attorney
No two child support modification cases are alike. If you or your child’s other parent is seeking child support modification, an experienced attorney can help you fight for fair and just results. Contact California child support modification attorney Bruce A. Mandel at 424-250-9130 or submit an online form, and we will be in touch with you as soon as possible.
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