When Can You Modify A Child Support Order?
Child support can only be modified under certain circumstances. Here’s how often and when child support can be modified in California.
In California, parents can request to modify child support orders every three years. Also. a judge may review a motion to modify child support if there has been “a substantial change in circumstances” since the last court order.
How Often Can Child Support Be Modified In California?
Under California law, either parent can request to modify child support after every three years, or if there has been “a substantial change in circumstances” since the order was decreed.
If you’ve experienced a significant change in income, housing, or other life circumstances, you should modify child support immediately. For more information on how to modify a child support order in California, click here.
Grounds For Child Support Modification
In California, parents can modify a child support order if there has been “a substantial change in circumstances” since the retroactive court order. Substantial changes may include:
- Changes in custody or visitation terms
- Changes in a parent’s income
- Changes in a child’s expenses
- The person paying support (PPS) is incarcerated or militarily deployed
If you’re requesting to modify a child support order, you’re ultimately going to have to prove one of these four things. If there has been no change in circumstances, a judge may feel there is no reason to modify child support.
Change in Custody or Visitation Terms
Custody and visitation terms have a significant effect on how child support is determined. For example, a lower-earning custodial parent may receive a higher amount of child support if they have more custody rights. The more a lower-earning parent cares for a child, the more child support they will receive. And reversely, if a higher-earning parent loses some custody rights, they’ll likely need to pay the custodial parent for expenses they used to cover. If your custody terms change for any reason, it’s likely you can modify your child support order as well. Bring a copy of your most recent child custody order to the child support hearing.
Change In a Parent’s Income
A judge may modify child support if a parent’s income no longer allows them to feasibly pay child support, or care for their child with the child support they receive. Loss of employment is a common reason why individuals request to modify child support. However, voluntary job loss (quitting) does not count as grounds to modify child support. You must have been laid off from your job in order for a judge to consider modifying your child support order based on your change in income. Self-employed individuals that lose their main source of income are also considered by the courts. You’ll need to bring proof of your change in income to the child support hearing. Documentation of income can include tax returns or pay stubs.
Changes in a Child’s Expenses
If a child’s expenses substantially increase, a parent can request to increase child support. A judge is likely to grant a request to increase child support if the child’s expenses are related to serious matters like healthcare or education. Contrarily, if a child’s expenses decrease substantially, the paying parent can request to decrease child support payments. Bring proof of your child’s expenses to the child support hearing.
When can you retroactively modify a child support order in California?
California child support orders can be modified if there has been “a substantial change in circumstances” since the original child support order was decreed.
Contact Us
If you’re wondering how often or when child support can be modified and need an attorney, contact us. We’ll get you in touch with the most qualified attorney for your child support modification case. Your first consultation is free. Get in touch with a child support attorney today.