Whether you are the parent paying or receiving child support, you have the right to request a modification if there has been a significant change in circumstances.
What Is Required To Modify Child Support?
The process of modifying child support, including the specific paperwork and type of evidence needed, varies by jurisdiction and by case.
Will I Have To Attend Court To Modify Child Support?
If both you and the other parent agree to the changes, the process of modifying the child support order typically does not require a court hearing. Otherwise, the process will involve a court hearing.
Whether your case goes to court or not, child support modification involves several legal steps, including final approval by a judge. In either scenario, it is beneficial to have a family law attorney handle your child support case to ensure that the modification serves the best interests of your child.
Significant Change In Circumstances Is Required To Modify Child Support
In California, child support modification is typically considered if the support order would increase or decrease by 20% or $50, whichever is less.
To modify a child support order, it is generally required that one parent proves a significant change in circumstances.
Examples Of A Change In Circumstance
- Income decrease — layoff, firing, demotion, reduced wages or working hours
- Income increase — new job, additional job, promotion
- Change in parenting time or day-to-day care & responsibilities from existing custody order
- Change in child’s needs — childcare, healthcare, education
- Change in family size
- Military deployment
- Disability
- Incarceration — jail or prison
An exception exists if the current child support amount is below the state guideline as was established in a stipulation—a mutual written agreement signed by both parties, with signed approval from a judge. In such cases, demonstrating a change in circumstances is not necessary to modify child support.
Extension Of Child Support
Parents may agree to extend child support beyond the child’s 18th birthday. If your child was diagnosed with a disability as a minor, is approaching 18 years of age, and will be unable to support themselves financially, you may request an extension in child support. Parents may also seek the court’s approval in extending child support beyond the age of 18 to help fund college expenses or serve the best interests of the child.
Kaspar & Lugay LLP attorneys are here to help parents navigate complex child support cases, including cases to request extending child support orders beyond the age of 18.
Process For Requesting A Child Support Modification In California
- Identify legal support. Consult with an experienced family law attorney for personalized legal advice and representation. The requirements and necessary documentation for modifying child support can vary based on the specifics of your case. Your attorney will ensure that every step of your modification request is completed correctly and in accordance with applicable laws.
- Gather evidence. Be prepared to provide evidence of the change in circumstances to attach to the required forms, and, if necessary, present in court. This evidence will help support your reason for requesting a child support modification.
- Initiate the process. How you proceed depends on whether or not the other parent agrees to the modification. If the other parent does not agree, you can initiate the process by filing a Request for Order (Form FL-300) with a declaration explaining your request, and attaching evidence. The Financial Statement (FL-155) or Income and Expense Declaration (FL-150) along with pay stubs from the 2 most recent months must be submitted to disclose your current financial situation and expenses to the court. If both parents mutually agree to modify child support, you do not need to file Form FL-300 and can refer to “#6 If both parents agree…”
- Serve the other parent. Legally serve the non-custodial parent with copies of the filed documents. The server must be a person over the age of 18 who is not involved in the case. The server must then fill out the Proof of Service (FL-330), which you or your attorney must then file with the court.
- Allow the other parent to respond. The parent who was served must respond with Responsive Declaration to Request for Order (FL-320). If the other parent does not respond, you can request that the court proceed without their input. If the other parent does not disclose full and accurate financial information, your attorney can file a Motion to Compel or request a subpoena.
- If both parents agree on the child support modification, a court hearing will not be necessary, but it is crucial to formalize the modification in a written agreement, a Stipulation to Establish or Modify Child Support and Order (Form FL-350). Ask your attorney to review this agreement before you sign it. After both parties have signed the stipulation, it must be filed with the court for approval to become legally enforceable. If parents do not agree on the child support modification request, the case will be brought to court.
Legal Standards & Evidence For An Increase Or Decrease In Child Support
Here are some examples of changes in circumstance and the types of supporting evidence considered by the court.
Increased Parenting Time Or Childcare Responsibilities
If the timeshare of your child being in your care has increased from your custody plan, you may wish to request an increase in child support to cover the increase in expenses. The number of overnights that the child spends with each parent may be a key factor in determining if this change is significant enough to modify the child support amount. Evidence might include a schedule of parenting time, proof of expenses, or communication with the other parent demonstrating how actual parenting time differs from custody arrangements, or instances where the other parent has failed to fulfill or commit to custody plans or visitation schedules.
Increase In A Parent’s Income
The Income Shares Model is used by California and many other states to calculate child support amounts based on the incomes of both parents. The idea behind this model is that the financial support from each parent should be similar to what they would provide if both parents were living in the same household. For example, if one parent earns two-thirds of the combined income of both parents, that parent would typically be responsible for covering two-thirds of the child-related expenses.
Parents are legally required to be transparent in financial disclosures during child support proceedings. The court will review evidence such as state and federal income tax returns, pay stubs, and bank statements. In cases where the parent is not forthcoming with their financial situation, our attorneys work with forensic accountants and other experts to present a full and accurate accounting of an individual’s income, identify hidden income and assets that will impact support obligations, and determine other important facts that we will leverage in negotiation and at trial.
If several months have passed between a significant change in circumstances and resolving a petition to modify the child support order, the court may grant a retroactive child support order. For example, if the court grants an increase in child support due to an increase in the other parent’s income, the new order will be retroactive to the date you filed your request. The other parent will be obligated to pay the difference between the original order and the new amount back-dated to when the petition was filed, in addition to paying the new amount every month in the future.
Permanent Or Involuntary Decrease In A Parent’s Income
The courts will prioritize the financial needs and best interests of your children and expect you to improve your work situation to regain financial stability before considering a downward modification in child support. Courts calculate child support obligations based on imputed income, an estimate of what you are reasonably capable of earning based on your education, skills, and professional experience. The principle of imputed income prevents a parent from avoiding child support responsibilities by voluntarily earning less, working less, or remaining jobless or underemployed without valid justification.
If you have lost your job or experienced a decrease in your income, it is advisable to initiate the request for a decrease in your child support obligations as soon as possible. You will need to provide proof of changes to your financial situation, such as termination letters, pay stubs, and state and federal tax returns. You will also need to justify why you are unable to earn your previous level of income, despite making good faith efforts.
Our Child Support Lawyers Are Here for You
Kaspar & Lugay LLP understands the complex factors involved in modifying child support orders when changes in circumstances affect either the custodial or non-custodial parent’s ability to contribute to parenting expenses.
Our attorneys emphasize open negotiation and a willingness to collaborate. We maintain sensitivity to your child’s needs while thoroughly evaluating the financial realities of your situation, guided by research and, when necessary, expert testimony tailored to your case.
To speak with our California child support lawyers, please contact us today.
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