Modifying Child Support In California

Divorcing or separating from your spouse can be complicated no matter where you live. If you have children, you can expect it to get even more complicated.

Child Support Will Be Required

Family law is very specific - it is focused on the needs of the children. Barring heinous physical abuse or criminal acts, the family law judge is not concerned about what your spouse did to you, how poorly you think you've been treated...your drama with the ex-partner is really insignificant from the perspective of the family court judge.

Focus on What Your Children Need

The non-custodial parent will be expected to help support the children financially. This support obligation is not dependent on the visitation schedule. Meaning, if the custodial parent withholds visitation from the non-custodial parent, it does NOT relieve the non-custodial parent of their support obligation.

The court may hold the non-cooperative parent in contempt of court for disregard of visitation orders, however, withholding support is never viewed as acceptable and if you do so, you could face serious consequences that might include suspended visitation rights, hefty financial penalties, and even a warrant for arrest.

How many children are there?

How much time do they spend at their primary home?

How much time are they with the non-custodial parent?

What tax filing status does each parent claim?

Which parent claims the children as tax deductions?

How much money does each parent earn?

Whenever circumstances change.
It could be a change in earnings, visitation, custody, or if you or the other parent move, enroll in military service, or if you haven't had a modification or support review in the past 3 years.

The state of California has made several changes and improvements to child support enforcement and collection systems. You can work with your own local (County) office of Child Support Services to have a review of your current case, or even open a case, at no cost to you.

The Department of Child Support Services does not represent either parent. They represent the child, so to speak, and will request the Child Support judge to make a ruling based on income, time spent with the children, and the like.

Because circumstances in visitation, custody, and income change often, the courts have a process for modifying child support awards once they are granted. The following takes you through the process, without an attorney, in the State of California.

You will need the following forms:

Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support.

Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support.

Findings and Order After Hearing.

Child Support Information and Order Attachment.

Financial Statement (Simplified) OR Income and Expense Declaration Form.

You can find these forms by visiting your county clerk, family law facilitator, local child support agency, or by visiting the Judicial Council website at www.courtinfo.ca.gov.

Once you have your forms, fill out and sign the Notice of Motion. Find out from your county clerk if the documents are required to be typed or if hand written is sufficient.

Fill out the Financial Statement OR Income and Expense Declaration. You'll be expected to include a copy of your latest W-2 and your past 3 pay stubs.

You'll schedule a hearing date with your court clerk's office before filing and serving the papers on the other party. You'll enter the hearing date in Item 1 of the Notice of Motion.

Make at least 3 copies of these forms after you have completed them:

Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support.

Financial Statement (Simplified) OR Income and Expense Declaration.

You must have one copy of each of the following papers served on the local child support agency and the other parent:

Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support.

Financial Statement (Simplified) OR Income and Expense Declaration.

A BLANK Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support.

A BLANK Financial Statement (Simplified) OR Income and Expense Declaration.

Information Sheet - How to Oppose a Request to Change Child, Spousal or Family Support.

Once you have turned in your paperwork, it's imperative that you serve the other parties with the documents, or you will in essence give them the opportunity to ignore your request for modification. Once in court, if you have not provided a Proof of Service form, the judge will likely admonish you, and your request will be denied.

Of course, you cannot serve the other party personally. Rather you can serve them through the mail or ask a colleague or friend to do it. Once served, you or your server will complete a Proof of Service Form and return to the county clerk so that it can be filed properly.

Remember a couple of things. First, child support is meant to make sure that your children experience the opportunities and lifestyle they would enjoy if the parents were living under the same roof, providing a combined income to financially support the children. Financial support cannot begin to take the place of the emotional support and self-confidence that children receive when they live in a harmonious environment, supported by both of their parents.

And always remember that if your case is complicated, or the other parent is not cooperating, you can work with your local child support agency and/or hire an attorney who is experienced in family law issues.