Modifying Child Support: When and How to Request Changes After Divorce
When couples divorce and have children, the process can be more complex. That is because there is child custody and support to consider.
Child support orders are set by the judge when the divorce is finalized. While parents need to follow these orders, it is important to know that in California, child support orders are not permanent.
Child support generally must be paid until the child turns 18 and graduates from high school. However, this may not be possible for some parents due to circumstances beyond their control.
Life changes, and courts recognize that finances and family needs change over time. State law allows child support to be modified when there is a significant change in circumstances. However, modifications are not automatic.
Modifying child support in California requires more than a financial shift. It also requires court approval, proper filings, and clear proof of changed circumstances. Because child support affects both the child’s well-being and the parents’ financial stability, courts strictly apply the rules.
When Child Support Can Be Modified in California
A California court may modify child support when there is a material change in circumstances since the last order. Routine or minor changes usually are not enough. The change must be meaningful and significant. Common qualifying changes include:
Job loss, promotion, or significant income change for either parent.
Reduced work hours or involuntary unemployment.
Disability or serious illness affecting earning capacity.
Change in custody or visitation time.
New children or additional support obligations.
Changes in childcare, health insurance, or medical expenses.
Incarceration of a parent (in certain circumstances).
Not every situation is approved. Courts closely examine whether changes were made in good faith. California courts typically reject modifications based on:
Voluntary job loss or intentional income reduction.
Temporary or speculative income changes.
Attempts to avoid child support obligations.
How California Courts Calculate Child Support
California uses a statewide guideline formula based primarily on the following:
Each parent’s income
The amount of time each parent spends with the child
Tax filing status
Health insurance and mandatory retirement contributions
Because the formula is math-driven, even small changes in income or custody time can significantly affect the support amount.
How to Modify Child Support in California
File a Request for Order (RFO). To request a modification, a parent must file a Request for Order (Form FL-300) with the family court that issued the original support order. Simply agreeing informally or paying a different amount does not change the court order.
Complete financial disclosures. Both parents are typically required to submit updated financial forms, including the following:
Income and Expense Declaration (FL-150)
Recent pay stubs or proof of income
Documentation of expenses related to the child
Serve the other parent. The requesting parent must legally serve the filed documents on the other parent within the required timeframe. Proper service is mandatory for the court to act.
Attend the hearing. At the hearing, the judge will review financial evidence, apply the guideline formula, and consider whether the change in circumstances justifies a modification. If appropriate, the court will issue a new child support order.
Here are a couple of things to note:
Parents may reach an agreement on their own, but it must be put in writing and approved by the court. Until a judge signs the new order, the original child support amount remains legally enforceable.
Modifications are generally retroactive only to the date the RFO was filed, not the date the circumstances changed. Waiting too long to file can result in lost support or continued overpayment, so prompt action is essential.
FAQs
Q: How long does a child support modification take in California?
A: Most modification requests take several weeks to a few months, depending on the court’s calendar, whether financial disclosures are complete, and whether the request is contested.
Q: Is child support automatically reduced if I lose my job?
A: No. Child support does not change automatically. You must file a Request for Order as soon as possible. If the job loss was involuntary, the court may reduce support but only after reviewing the evidence.
Q: Can child support be modified due to medical issues or disability?
A: Yes. Serious illness or disability that affects a parent’s ability to work may qualify as a substantial change in circumstances, especially if supported by medical documentation.
Q: Can child support be increased?
A: Yes. Child support may be increased if the paying parent’s income rises, custody time changes, or the child’s expenses increase, such as higher childcare or medical costs.
Q: Can self-employed parents modify child support?
A: Yes, but self-employed income is closely scrutinized. Courts may review tax returns, business records, and expense deductions to determine true income.
Q: What if the other parent is hiding income?
A: The court can impute income if it believes a parent is underreporting earnings or is intentionally unemployed. Evidence such as bank records, lifestyle spending, or employment history may be used.
Q: Does remarriage affect child support?
A: Remarriage alone does not change child support. However, changes in household expenses, new children, or altered custody schedules may be considered.
Q: What happens if I keep paying the old amount after filing?
A: Until the court issues a new order, the existing support amount remains enforceable. Any unpaid balance may accrue arrears and interest.
Q: Do I need a lawyer to modify child support in California?
A: You are not required to have a lawyer for a modification. In California, free legal help is available. However, it may be best to hire your own lawyer to assist you, especially in contested cases, high-income situations, or when income disputes are involved.
Contact Us Today
Life changes and sometimes divorce orders, such as child support, need to be modified due to changes in income.
Modifications are possible, but you need to follow the proper procedures. Get the help you need from Arcadia child support attorney Ashley A. Andrews, APC. When financial difficulties arise, we are here to discuss possible solutions so that your child can still be properly cared for. To schedule a consultation, call (626) 346-0114 or fill out the online form.