Has your income recently changed, and you are worried about making child support payments? If so, you are going to want to know how the child support modification process works. In this article, the Sacramento divorce lawyers at Wagner Family Law will discuss how and when to request a child support modification. 

When Can I Request a Child Support Modification?

In the State of California, you can request a child support modification after there has been a “substantial change in circumstances since the original order was established. You can also request a child support modification if it has been three years or more since the last modification. 

A “substantial change” refers to major changes in income for either parent, a change in custody or parenting time, or another significant change that is impacting your ability to make child support payments. 

• Substantial change in circumstances - This is the most common reason for requesting a child support modification. It usually includes job loss, a significant increase or decrease in income, a change in parenting time, or other situations that impact the child's needs or the parent's ability to pay. 

• Three years since last modification - If your child support order is three or more years old, you can request a child support modification even if there has not been a substantial change in your circumstances. 

• Substantial change to income - If either your or the other parent's income has changed substantially, it can be grounds for a child support modification. The law does not establish a specific dollar amount, but a substantial change will trigger a review. 

• Other factors - A change in the child's needs is often a reason to change your child support obligation. This can include increased healthcare costs or significant changes in the child's living situation.

• Change in parenting time - If you have seen a significant increase in your parenting time, it may be time to revisit your child support order.

How Do I Request a Modification of Child Support in California?

There are several ways to request a child support modification in Sacramento. These include:

• Through the local child support agency (DCSS) - You can initiate a child support modification request by contacting your local DCSS office. The agency will review the information provided by both parents and decide if a modification is necessary based on a significant change in circumstances. If both parents agree to the modified support amount, the parents can sign a “Stipulated Agreement” which can later be filed with the court. If an agreement cannot be reached, the agency will file the necessary papers and set a court hearing where the judge will render a final decision. 

• Filling a request for order (RFO) with the court - First, you will want to determine if you have a valid legal reason to make the child support modification based on a substantial change in circumstances. Next, you will want to gather documentation, including proof related to your income and expenses, and documentation that details your current child support, custody, and visitation arrangements. Then, you will want to complete and file the necessary forms. These include the Request for Order (Form FL-300). You will want to attach a “declaration” explaining the reasons for your modification request with any supporting evidence. Then you will provide an “Income and Expense Declaration” that includes two months of pay stubs. You will also need to file a “Notice of Motion and Motion for Simplified Modification of Order for Support (Form FL-390). Take the forms to the court clerk and file them along with the required fee. You'll ultimately need to serve the other parent with the aforementioned papers and a blank Responsive Declaration form (FL-320) and Income and Expense Declaration form (FL-150) at least 16 days prior to your hearing date. You then file the Proof of Service with the court. Lastly, you'll attend the hearing. You will want to explain the change in circumstances that triggered your modification request. The judge will consider the information and determine whether or not a modification is appropriate. 

Things to Consider Before Requesting a Support Modification

You are going to want to act promptly to request a child support modification. Such modifications are generally not retroactive. The court can only change the child support amount from the date the papers were filed. So, as soon as there has been a major change in your circumstances, you will want to put in the request. 

The existing child support order will remain in effect until the judge approves a modification. This is regardless of any informal agreement you have with your co-parent. 

You should also strongly consider having a lawyer initiate the modification request for you. Navigating family court can be quite complex, so consulting with a family law attorney or your county's Family Law Facilitator is highly recommended to ensure the best possible outcome. 

You will also want to strongly consider settling the matter through negotiation and mediation. If you and your co-parent can come to terms on a firm child support amount, then you can likely save yourself a lot of time and money. 

Documentation is key to a successful outcome. You will want to thoroughly document your income changes, expenses, and any other relevant information that is essential to your case. If your case ultimately proceeds to a hearing, you will need to be prepared to present your case clearly and provide the court with the necessary evidence. 

It is important to understand that resolving a child support modification hearing in your favor is not simple. There are a lot of pitfalls, and the judge can rule against you. If you have a skilled Sacramento child support lawyer on your side, you increase your chances of a successful outcome. 

Talk to a Sacramento, CA, Child Support Lawyer Today

Wagner Family Law represents the interests of parents who are petitioning the court for a child support modification. Call our office today to schedule an appointment, and we can begin the process right away.