Modifying California Child Support Orders
Adjusting child support obligations to reflect changes in parents custody arrangement and or incomes is a common process that many couples go through.
Child support can always be modified: but only under certain circumstances. A parent cannot simply go to the court and say that they and their child need more support – a change in circumstances must have occurred from the date of the original support order.
This change in circumstances must be fairly significant, and might include an increase or decrease in either parent’s income, a change to the custody arrangements, or a significant change in the child’s needs. Understanding the legal basis for what qualifies as grounds to request these adjustments is the first step in California’s process for modifying child support orders. Again, the courts aim to serve the best interests of the child – which includes maintaining a certain standard of living.
Formal Order vs. Informal Agreement between Parents
It is critical for parents to understand that a formal child support order differs from an informal agreement between parents. A formal child support order is an official court document and requirement. Only a new court order can alter the original support order. This is why understanding the legal framework and justifications surrounding a child support modification is so important.
Steps to Take When Filing a Motion to Modify Child Support
To request a legally enforceable modification of a child support order, the requesting parent must file a formal motion with the court that issued the original support order. Parents should rememer that it is important to determine whether their case is filed within the Family Court or if it is within the Department of Child Support Services.
Prior to filing a request to modify a California child support order, it is wise for parents to gather all relevant financial documentation to support their case. This might include recent pay stubs, tax returns, and any evidence of changes in circumstances that leads to the request for a modification to the support orders. Business owners or those who hold wider assets, such as those with trusts, investment accounts, rental properties, etc, should come with data, to include profits and losses, related to income on those as well. Consulting with a family law attorney can be invaluable in providing insight into preparations for your case and ensuring that a modification is enforceable.
Once the motion for modification of a child support order is filed, the court will then have jurisdiction to order the support to change retroactivity to the date of filing. It is important to ensure the modification has been filed in the right court, because if it is filed in the incorrect court, you could lose the ability to collect retroactive child support to the date of your initial filing with the incorrect court. If a significant change in circumstance occurs, it is best to get a motion for modification filed as soon as possible to preserve retroactivity, unless you can get a written agreement with the other parent to reserve retroactivity to a certain date. Some catastrophic financial hardships, such as a parent losing a job, can potentially be processed as an emergency request and the court addresses it on an emergency basis.
Even if a request for modification has been filed, the parent paying child support must continue to make payments in accordance with the existing child support order throughout the course of the modification process. Once the court makes its new order, then the court can retroactively order that money be given back to the payor, if appropriate. Contact Cardwell Steigerwald Young, LLP
The knowledgeable San Francisco child support attorneys at Cardwell Steigerwald Young, LLP are standing by to begin discussing any aspect of your child support case, and provide experienced legal counsel to help get you closer to the end goal you envision. Contact our office today.
Source:
sf.courts.ca.gov/divisions/unified-family-court/child-support
