Child Support Modification in California: What You Need to Know

Posted May 3, 2018

A child support order in California can be modified when the Court determines a change is necessary. A change may be necessary because there has been a significant change of circumstances since the original order was made. Either parent may request a modification, but the change is not automatic — it requires either a written agreement between the parties or a new court order.

Under California law, a parent’s duty to support their minor children is above all others. For various reasons, parents split up, and they eventually come to an agreement on—or the Court orders—custody, visitation, and child support. Fast forward one week, one month, one year, or further on, and one of the parents is likely to request a modification of child support.

Common Questions About Child Support Modifications:

I have been paying child support and:

I received a promotion at work and my salary increased. Do I have to pay more child support? (The other parent will ask: Will I receive more child support?)
The other parent received a promotion at work and his salary increased. Can I pay less child support? (The other parent will ask: Will I receive less child support?)
I lost my job. Can I pay less child support? (The other parent will ask: Will I receive less child support?)
The other parent lost their job. Do I have to pay more child support? (The other parent will ask: Will I receive more child support?)

These types of questions lead to what is called a “change of circumstances.” The change of circumstances can include occurrences other than a mere change of salary, but we will keep it simple for purposes of this article.

What Qualifies as a Change of Circumstances?

Under California Family Code Section 3651, either parent may request a modification of a child support order and the Court may modify the support if the Court determines the modification is necessary. Common examples include:

A significant increase or decrease in either parent’s income
Job loss or a change in employment status
A change in the amount of time each parent spends with the children (timeshare)
A change in the child’s needs, such as new medical or educational expenses

It is worth noting that the amount of time each parent spends with the children is one of the most significant factors in California’s guideline support calculation. Even without a change in income, a meaningful shift in timeshare alone can be grounds for a modification.

Can Child Support Be Changed “Retroactively” in California?

This is one of the most common questions we receive. Generally, no. California courts will not modify child support retroactively. A modification typically takes effect from the date the motion is filed with the Court, not from the date the change of circumstances occurred. This is an important reason not to delay. If your income has dropped or your custody arrangement has changed, the sooner you file, the earlier the effective date of any adjustment made by the court.

Further Reading » Automatic Temporary Restraining Orders (ATROS): California Family Code

A parent should not unilaterally decide to pay less than the required child support amount while waiting for a Court order. Doing so can result in arrears and other legal consequences, regardless of the circumstances. We recommend contacting an attorney as soon as your situation changes.

Maintaining Child Support Payments

Generally, the simple answer is the amount of child support you pay or receive does not change unless an agreement is made between the parents, or the Court enters a new order. Most of the time, parents disagree because one side is required to pay more or receive less. Under those circumstances, one parent will file a motion for modification of child support.

How the Modification Process Works

While every case is different, a child support modification generally follows these steps:

Consult with a family law attorney to evaluate whether your change of circumstances is likely to result in a modification.
File a Request for Order (RFO) with the Court in the county where the original order was made. *Jurisdictional issues can prevent a case from going forward, so please discuss with your attorney if support orders were made in a different county or state.
Serve the other parent with the RFO and supporting documents.
Attend a hearing, where both parties can present their case and the Court will apply California’s guideline formula.
Receive the Court’s new order, which will set the modified support amount going forward.

The timeline and complexity of this process will vary depending on whether the parents can reach an agreement or whether the matter must be decided at a contested hearing.

Warning Regarding Requests

Sometimes, unfortunately, a parent will file for modification of child support and the outcome will be exactly the opposite from their request. For example, Father wants to decrease child support but the Court orders him to pay more for various reasons. One reason may be that the other parent’s salary also changed since the previous order was made. Another reason may relate to timeshare changes with the children, because the amount of time each parent spends with the children is a big factor in calculating support. You should contact an attorney to determine if attempting to modify child support is a good idea because your situation requires an analysis of the unique facts and circumstances.

Final Words

Many other circumstances affect child support, how it is calculated by the court, and whether the court can adjust support up or down from that calculation. It is important to know your rights, responsibilities, and options regarding child support. Our family law team at Naimish & Lewis can advise you on this and other dissolution and divorce related matters involving children. To schedule an initial consultation with an attorney at our firm, please contact us.

Child Custody, Child Support, Child Visitation, Divorce

Robert J. Allison, CFLS

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.