California Child Support Modification

Under California law, both parents have a legal obligation to support their minor child until they reach 18 (California Family Code § 3900 et seq.). Only another court order can change a child support order once a judge issues one.

California courts allow modification of child support whenever a judge feels it is necessary for the best interests of the child. California Child Support Services will review a case at no charge for a recipient or paying parent who believes a case needs to be modified.

Making a Modification Request

In California, the amount of child support depends on the child's needs. In a divorce or legal separation, the child custody arrangements also affect the child support amount. The noncustodial parent may have a larger support payment.

The recipient parent or the child's legal guardian can request child support. If the child does not live with either parent, both parents have child support obligations. In that case, the legal guardian can request a support modification on behalf of the child.

Courts understand that situations arise when a parent can't meet their child support obligations. The modification process is fair to both parents and allows for changes in circumstances beyond everyone's control.

What Qualifies as Changed Circumstances?

A support modification (§ 3651) requires parents to show a "substantial change in circumstances." A "substantial change" doesn't mean one parent has a new significant other or the child plays a new afterschool sport. Changed circumstances impact the parent's income. To change the child support amount, the payor parent must show:

• A significant change in custody or parenting time
• A significant change in either parent's income
• Unemployment or substantial loss of hours due to layoffs or downsizing
• Military deployment
• Incarceration or institutionalization of the payor
• Agreement by the parents

Parents may renegotiate their custody agreements and support payments whenever they wish. No agreement is official until the judge approves it after a court hearing. Parents should immediately contact the court for a modification hearing if a parent loses their job or a child's needs change. Never make your own arrangements and think that is enough. The original order remains in effect. Courts can use the terms for enforcement purposes.

Modification Process

Parents can make whatever changes they want to their existing child support payments or visitation agreements, but the judge must approve the change. In some counties, the same family court must approve the original order.

Parents must both complete a petition for modification. It's a good idea to contact the local child support agency, talk to a family law attorney, or speak to a family law facilitator. Both parents must provide an expense declaration with the following information:

• Parent's income and expenses
• Child care expenses
• Medical insurance
• Disability information, if applicable (SSI, SSDI, etc.)
• Jail or prison status, if applicable
• Unemployment benefits
• Retirement income
• Custody and visitation arrangements

The court will approve the new amount of support if the requested information changes the current amount by 20% or $50, whichever is less. If not, or if one party refuses to provide information, the judge will order a hearing. At the hearing, all rules of discovery apply, and parents must disclose all sources of income and expenses.

Generally, the court will modify if the change to child support is required (based on all the information supplied above) to 20% or $50, whichever is less. If the parents can agree on the amount of change, they can sign an agreement stating so and bring it to the court for signing. Otherwise, it will be necessary to get a date for a hearing, at which time a judge will review the request and all information and sign the modified order if they grant the change.

Related Resources

• Can I Change a Child Support Order After Changing Jobs?
• Child Support Modification Tips
• California Child Support Calculations

Get Legal Advice from a California Family Law Attorney

Parents should know that if the case goes to a hearing, the change in child support may not go as intended. It's important to get legal advice from an experienced California family law attorney before modifying your support order and heading to court.