What Are the Legal Steps to Modify Child Support?

When Is It Necessary to Modify Child Support?

Existing child support orders are based on circumstances existing at the time they were issued. It is a universal truth that nothing in life stays the same. When circumstances change substantially for either the parents or the child, the situation may warrant modification. It may be necessary to modify child support if any of the following occur:

• Income changes: If the parent paying child support loses a job or suffers a significant reduction in income, or the parent receiving child support gets a promotion or starts a new job with a substantial salary increase, child support may need to be modified.
• Changes in the needs of the child: Children’s needs often change as they grow. A child may require tutoring or other educational support or additional financial support for extracurricular activities, such as arts programs or sports. A child who develops a medical condition may have increased healthcare needs. Higher support payments may be required to meet those needs.
• Changes in physical custody or visitation arrangements: The amount of time each parent spends with the child affects child support calculations. For example, if the child is spending more time with the non-custodial parent, a reduction in child support may be in order.
• Household changes: Remarriage or birth of a child can impact financial circumstances and affect child support. If a new spouse makes significant financial contributions to the custodial parent’s household or the non-custodial parent has a new dependent and more financial obligations, it may justify a modification.
• Incarceration: A paying parent who goes to jail or prison will not have the means to pay child support while incarcerated.
• Disability: If either parent becomes disabled, it can significantly impact child support. A disabled custodial parent may no longer have the means to provide for the child. A disabled non-custodial parent may no longer have the means to make child support payments.

What Is the Legal Process for Modifying Child Support in California?

Either parent may petition the court for child support modification to increase or decrease the amount of support payments at any time if there has been a significant change in circumstances. Information about the various forms and steps required can be found in a California Courts publication entitled FL-300-INFO Information Sheet for Request for Order. At the beginning of the process, you will need to gather the relevant documentation:

• Proof of current income, such as tax returns or pay stubs
• Copy of the current child support order
• Bills, receipts, or other proof of expenses related to the child, such as medical bills, childcare expenses, or education costs
• Documentation of the change in circumstances on which your request for modification is based, such as medical bills as evidence of illness or injury or notice of termination of employment
• Copy of your current child custody arrangement and parenting plan

Our experienced California child support attorney can help you navigate the system and assist you with each step of the legal process, including:

• Preparation and filing of your motion and forms with the court
• Serving the other parent with the documents filed with the court
• Filing a proof of service form with the court as evidence that the other parent has been properly served. (The modification request cannot proceed without this.)
• Attending a hearing to review the modification request, during which your case is presented to a judge

The other parent must be given the appropriate time to respond to your motion for child support modification before the judge will hear your case. After the hearing, you and your attorney will await the court’s decision regarding the modification of child support based on the current financial circumstances and the best interests of the child. If the court approves the modification, both parents must comply with the new order. If the court denies modification, the existing order remains in effect. Either party disagreeing with the court’s decision can file an appeal.

How Can You Improve Your Chances of Success in Child Support Modification?

Understanding the legal process, careful preparation and effective presentation of your case can improve your chances of succeeding with a child support modification request. It is essential to:

• Know the legal criteria, including how child support is calculated in California and what constitutes a significant change in circumstances on which a request for modification is based.
• Gather comprehensive documentation to provide evidence of your income, expenses, and the change in circumstances that made child support modification necessary.
• Ensure you are thoroughly prepared for the hearing and that all required forms are completed accurately. Work with your attorney to prepare a presentation, which should include a clear, concise statement of the reasons for the requested modification and how the changes in circumstances have affected the needs of the child for support or your ability to pay it. Focus on the evidence and facts and avoid emotional arguments.
• Be honest and transparent about your income and financial obligations. Withholding information or misrepresentation could hurt your credibility and your case.
• Communicate openly with the other parent and try to reach an agreement out of court. Documents all communications with the other parent regarding child support and the requested modification. Consider mediation if direct communication does not result in an agreement.
• Get an experienced California child support attorney to provide sound legal guidance and skilled representation.

Our seasoned San Diego child support lawyers at Khosroabadi & Hill can explain your options and protect your interests. We have extensive experience in a wide range of family law matters, including child support modification. Contact us at 858-240-2093 to learn more about how we can help you.