In California, a change in child support must be approved by the court but it is possible to modify your child support order without stepping foot inside a court room. Parents may come to an agreement outside the courtroom, but they will still need to file a stipulation or request a change to the original order by filing a motion for modification with the court.
Parents in California have a legal obligation to financially support their children, typically through the age of maturity (age 18). Sometimes a situation arises where the parent ordered to pay support cannot or does not want to continue paying. Some parents simply stop making the payments altogether.
California law does not look kindly on parents who fail to make their child support payments or who take it upon themselves to make a change in those payments without approval of the court or the person receiving support. If a change is required in child support due to a life event or situation, the law requires the paying parent follow proper legal procedures. If you do not have your order changed properly, this could mean financial ramifications for you down the road including losing your drivers license or passport.
California courts recognize there are many reasons why a child support order might need to be changed. The basis for modification is often referred to as a “change in circumstances.”
The court will also consider a modification when any of the factors used to calculate child support have changed.
It’s crucial that anyone who anticipates or has a change in circumstances let the original family court know immediately that they need the child support order modified. If you’re the parent unable to make payments, ignoring the situation can have serious, negative legal consequences.
You have several options for starting the modification process: contact a local child support agency, hire a family law attorney, or use the services of a family court law facilitator. No matter who you choose to ask for assistance, you’ll need the following information when requesting a modification
California courts generally believe a modification is in order when the change is either 20% or $50, whichever is less. Keep in mind that if the request is approved, the court will not apply the change to outstanding back payments. The new amount applies only to future support payments unless you agree otherwise.
If you and the other parent can amicably agree on the changed amount, you can sign an agreement or stipulation and submit it to the court for approval. If you cannot come to an agreement, the court will set a hearing date at which time the judge will review the request and, if she or he agrees with the changes, issue a new order.
Child support is ordered to ensure that children are taken care of after their parents no longer live together. There are many valid reasons for seeking a change in child support including the loss of a job, serious injury, or a change household income. It can be a complicated process, especially when the parents do not agree. A great way to start, even if you have reached an agreement, is to speak with an experienced family law attorney who can guide you through the process.
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If you are facing a custody case and are requesting sole child custody of your child, it is important to have an experienced attorney by your side. Minella Law Group is experienced in child custody cases and can give you immediate hands on representation that you need.
For more information or to schedule a no cost consultation, call us at (619) 289-2748. We look forward to helping you.
If you are a custodial parent, you are eligible to receive child support payments from the non-custodial parent. These payments are designed to help provide financial support to the custodial parent to assist in providing care and support for the children.
Child support can be sought for all children under 18 years old, or those still attending high school. Unfortunately, an oral agreement between both parents is not enough to ensure child support payment, and is also not enforceable by the courts in California.
It is highly recommended that you obtain a Child Support Order from the San Diego courts. Continue Reading
Calculating Child Support in California
Every parent has an obligation to care for their child, even if their marriage falls apart. California law imposes guidelines on the local courts that help judges determine the appropriate amount of child support to award a family. Calculating child support in California is based on a calculation that takes both the parties income and how much time they spend with the child into consideration.
It’s important to note, California law requires all sources of income to be included with calculating child support. This is outlined in Family Code Section 4058, it includes but is not limited to the following: commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, and trust income.
The process of gathering and assessing all of the information that is needed in order to provide an accurate decision is time consuming and frustrating. However, it is important to ensure the continued stability of the child following a separation. Each parent should feel confident about the amount that has been ordered by the court to benefit their child.
1. Make sure you are well organized!
One of the first steps in dealing with child support effectively and efficiently is to ensure that you are well organized. In the state of California, child support amounts will be calculated using a number of factors that are entered into a child support calculator.
Like any other form of data, the calculator will only be able to provide your judge with an accurate number if you provide accurate information. This means that you will need to ensure you have access to all necessary documents that contain information on your taxes, deductions and monthly income, including:
You have to be able to prove, with documentation, the expenses and income that you list on your income and expense declaration. Gathering up your information ahead of time will save time and money. The court requires your last two month of paystubs if you are a W2 employee and you should be able to produce your last years taxes if asked. If you are self employed, you will have to produce a profit and loss statement for the last 2 years.
2. Has there been a change in your situation?
There are some instances in which an order for child support can be altered or changed if there is a change in circumstances for the individuals involved. A change in circumstances can be recognized in a variety of different forms, but some of the most common options include:
It is important to have your request pending immediately as it does take time to get into court. Sometimes it can take months before you will be able to have your case heard. Filing right away will reserve the retroactivity date.
3. Work with a professional attorney in your area!
Although it is possible to access free child-support calculators online, it is easy to call their accuracy into doubt. Calculating child support on your own can be done however you will usually find this will only lead to confusion and frustration. There is no way to ensure that you are taking all the deductions that you can or using the right figures. Usually, working with an experienced and professional family lawyer will ensure that you have all the information you need regarding child support payments.
You may still get along with your former spouse but this is a legal matter now and you want to have someone who knows this arena on your side.
If you think you need assistance with calculating your child support, or you feel your support order is too high, we can help. We can take a look at the order and determine if there is a way to reduce or increase support based on the needs of the child and income of the parties. For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you.
Button TextBoth parents are responsible for the financial support of all of their children until the children reach the age of 18. If the child or children are still in school at the age of 19, and still live at home and are unable to provide their own support, it is up to the parents to provide that support.
The state of California mandates the amount of child support that is paid from one parent to the other. The amount is figured by the computer generating of the payer’s financial status. The parent’s income, the amount of taxes that they pay, the amount of time that the parent has with the child, mandatory items that are deductible such as health insurance and retirement and the custodial parent’s ability to earn and their income are the main factors that determine the amount of child support to be paid. Child support can be altered should financial changes occur with the parent paying the support, or if the time share between the two parents should change at any time.
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