Your Guide Through Challenging Times

How do I modify child support?

| Oct 29, 2020 | Divorce |

Courts do not expect that child support orders will never change. In fact, the law includes a right for either parent to make a modification request. This makes sense because your family will change over time as will your needs and situations. The financial state of things at the time of the original child support order is not likely to remain adequate for years, especially if your order happens when your children are young. 

The California Courts explains that you or the other parent has the right to request a modification to a child support order if you have had significant changes in your circumstances. 

Possible changes 

You should note that the court wants to see changes that have an impact on finances in your situation. These changes should be significant enough that it is causing issues or hardship. They also should be a long-term change that will not resolve quickly. 

Some examples include the loss of a job, changes in parenting time or incarceration. A significant change in your child’s needs also is a good basis for a modification. 

Modification request

You can either go to court to handle the modification or you and the other parent can reach an agreement outside of court. If you can reach an agreement to change your child support order, then you will need to present it to the court. The judge will review it and sign it to make it the new order. However, the judge does not have to accept your agreement. Although, as long as it is fair, the judge usually will sign off on it.