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Modifying a child support order

Most California parents who are ordered to pay child support do their best to make their payments in a timely manner. However, financial circumstances can change, making it much more difficult to make the payments. In these cases, parents can potentially seek to have their obligations modified by the court, though there are certain steps that must be taken.

One of the first things that non-custodial parents should do is make themselves familiar with the child support laws in California. This way, they will have knowledge of what constitutes as a substantial change in circumstances before attempting to modify their child support payments. If the non-custodial parent's circumstances do change, such as if they suffer a medical disability or lose their job, a court may in some cases approve the request.

Before filing a motion to modify child support payments, it is recommended that both parents discuss the situation to see if they can reach an agreement. This can potentially make it much easier to have the child support amount modification request approved. Once the non-custodial parent has the financial information available, a request for child support modification can be filed. However, until it is granted, the parent should make attempts to continue paying the child support that was originally ordered. It is important to know that even if the modification is granted, it will not apply retroactively, and the noncustodial parent will still be responsible for any past due amounts.

California courts calculate child support payments using state guidelines that take a variety of sources of income into account. If the payer's financial circumstances change significantly, a family law attorney may help by requesting the court that the amount be modified.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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