Is it Time for a Child Support Modification? What California Law Says
If you have a child support order in place for your child but circumstances have changed, it may be time for your child support order to change as well. California’s child support laws allow for modifications under a variety of circumstances, and working with a child support lawyer can help you figure out your next steps. The team at Milligan, Beswick, Levine & Knox is committed to explaining your options.
Known throughout San Bernardino and Riverside Counties for our success in a wide variety of legal issues, Milligan, Beswick, Levine & Knox, LLP has helped clients like you navigate complex and highly adversarial child support concerns. If you’re ready to discuss your concerns and goals, call our child support attorneys at 909-894-0812 to set up a consultation.
Criteria for Modifying Child Support in California
In California, you can request a child support modification if a significant change in circumstances exists. Potential valid reasons for a change in child support include:
- Being fired or laid off from your job
- Getting a new job or a second job
- A significant increase or decrease in income on either side
- A substantial change in how parenting time is split
- A change in family size
- Parent becomes disabled
- Parent goes to jail or prison
- Parent is deployed
You’ll notice that these are changes that are likely to result in a large increase or decrease in child support. Child Support Services is unlikely to determine that a child support modification is warranted if there’s a slight increase or decrease in income, or a minute change to parenting time. It’s important to talk to your child support lawyer about whether or not your circumstances warrant a change.
How to Request a Change in Child Support
If you believe a child support modification is warranted, you can petition the court to request a change. In addition to giving the reason for the modification, you should also provide proof of your income and expenses, child care expenses, medical insurance costs, disability status (if relevant), jail or prison status (if relevant), and your current custody arrangements.
Once Child Support Services has received the information, they determine if child support should be changed, and if so, by how much. Generally, they may grant a modification if the circumstances would result in a change of 20% or $50, whichever is less. If the local child support agency denies your request, you can still petition the court and ask the judge or child support commissioner to decide. However, if DCSS is involved in your case, their representative must also approve and sign off on any agreement the parties reach.
If you and your coparent agree on necessary child support changes, you may be able to avoid this step by submitting a Stipulated Agreement to the court. Both parties agree on the proposed changes and sign off on the paper before sending it to the court. As long as the proposed order serves the child’s best interests, the court is likely to sign off on it.
How Your Child Support Attorney Can Help
Working with a child support law firm can save you a significant amount of time and energy during this process, particularly if your coparent is adversarial or aggressive about your efforts to increase child support.
Unfortunately, this is fairly common. Although child support is a child’s right, some paying parents feel that any increase is a personal attack. This can lead to a variety of issues. For example, it’s not uncommon for a paying parent to claim that they’ll petition the court for full custody if the receiving parent requests a child support modification. This is a common tactic, and your attorney can help you understand how the court is likely to view that request and respond to it.
On the flip side, it’s also not uncommon for a receiving parent to use the threat of a modification to attempt to maintain the upper hand in a coparenting situation. In this scenario, working with a lawyer can help you understand—and assert—your rights.
Additionally, your attorney may help you decide whether or not it’s worth requesting a modification. If the facts of your case are unclear and the change may be slight, they may even recommend waiting until an obvious change in circumstances that would warrant a modification.
Contact Us Today—We’re Here to Help
At our child support law firm, we have helped parents on both sides fight for what is best for their child. The lawyers at Milligan, Beswick, Levine & Knox, LLP are ready to advocate for you. Call us at 909-894-0812 or contact us online now.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.