#1 Guide to Child Support Modification in California

Before we can understand what is a Child Support Modification, we must understand what child support is. Under California law, child support is defined as the amount of money that either or both parents can be ordered to pay to the other (or to another guardian) to cover a fair percentage of the costs of raising a child.

Typically, these payments are made monthly, and the amount is decided during divorce proceedings, or in the event that the parents were never married, at any such time that one parent files a request for support with the courts.

California judges use a specific list of factors to determine the amount of support paid, including the needs of the child and the income of both parents. It is also true that these circumstances can and will change throughout the child’s lifetime, at which point a parent may request a child support modification.

Let’s look at the details regarding modifications so that you can make a more informed decision about whether it might be right for you.

Reasons to Seek a Child Support Modification

As stated above, generally speaking, if the circumstances under which the agreement currently in force have changed, you might qualify for a child support modification. These include:

• Your income or the other parent’s income changes.
• You are laid off from your job, or the other parent gets a new job.
• You become disabled.
• You go to jail/prison.
• You are deployed for military service.
• You have another child or become responsible for another person’s support.

In addition, factors specifically regarding your child can also impact support, including:

• Your custody arrangement changes.
• The needs of the child have changed. For example, if the child becomes disabled or no longer needs childcare.

If any of the above factors apply to you, you may be able to seek a child support modification. The best way to determine whether this is a wise endeavor is to consult an attorney who is an expert in family law.

Factors to Consider and Reasons Not to Seek a Child Support Modification

Even if you fall under one of the categories above, there are some other mitigating circumstances to keep in mind before you formally request changes to your child support agreement.

For one thing, your child is entitled to a quality of life equal to that of either parent. Just because you may make much more or less money than their other parent does not mean that your child is entitled to less. The courts will always put the best interests of the child first and foremost.

If you are the parent receiving child support, you may not qualify for a modification if you are the one who loses a job or has a decrease in income for another reason. Your child’s parent is not obligated to support you.

You may also suspect that your child support payments are not actually being used to raise your child. Unfortunately, this is very difficult to prove and often gets messy, and the courts generally operate under the assumption that the parent who has primary custody bears much of the burden of the costs of raising the child. Unless you’re concerned about your child’s well-being, this is often not cause for a modification.

Finally, keep in mind that if you request a change, the other parent may request one as well. Even if they don’t, the request may be decided against your favor regardless of who brings it. That means if you file to have the amount of support you receive increased, there’s always a chance that the agency or courts will end up lowering it.

What You Need

You will need rock-solid proof for your reason for the request. If the reason is on your end, that’s simpler. Proof of disability, loss of job, incarceration, and almost all of the factors above are easy to obtain (you probably have them already).

However, if the circumstances regard the other parent, it can get trickier. You can request your child’s parent’s tax returns to request a change based on their income from the previous year. Or you can use their deployment or incarceration status to apply for other forms of assistance besides child support. While you have the right to access the documents necessary for this, you might need to fight to get your hands on them.

If you have been caring for the child more frequently without a formal change to a custody agreement, do whatever you can to document the additional time, including screenshotting text messages between you and the other parent.

If you qualify, you need to file a motion for a change and then attend a modification hearing. If it doesn’t go your way, you can always appeal.

The most important thing you need is a competent and experienced lawyer. If you have questions about modifying your child support agreement, the best thing you can do is call and talk to one of our experienced attorneys at WGS Law. We can schedule a virtual consultation via zoom to assess your situation and walk you through your options.