How to file for child support and custody in california
HOW TO CHANGE CUSTODY & CHILD SUPPORT ORDERS IN CALIFORNIA - VIDEO #63 (2021)
Timecodes:
welcome to free divorce calm this is
Christina this is ed today we're going
to talk in more detail about how to
modify two types of existing court
orders we're going to cover modifying
child custody orders and child support
orders and let's start with child
custody orders our child custody orders
always modifiable and why would someone
want to modify an existing child custody
order child custody orders are always
modifiable in general court orders that
pertain to children are modifiable court
always wants to retain jurisdiction to
modify orders that relate to children
because the court wants to ensure that
children are always protected there are
all kinds of reasons why you may want to
modify a child custody order the
following are just a few common examples
example number one assume you were
divorced when your child was only an
infant perhaps still nursing at the time
of the divorce that was agreed father's
physical custody time with the child
would be limited to short blocks of time
because the child was so young now the
child is three years old and able to
spend more time in father's physical
custody if the parties can't stipulate
to a new custody arrangement one party
may need to file a motion and ask the
court to make a new custody order
example number two assume when the
parties were divorced the child was
eight years old and the parties agreed
to share a physical custody on a 50/50
basis everything works well for the
first couple of years but then mother
remarries and thereafter her new
husband's employer transfers him to New
York the 50/50 custody order won't work
after the proposed move if the parties
can't stipulate to a new pesty
arrangement one party will need to file
a motion and ask the court to make new
custody orders example number three
the divorce judgment provides her mother
to have primary physical custody and
father to have physical custody on
alternate weekends after the judgment is
issued father develops a serious drug or
alcohol problem and repeatedly drives
under the influence with a minor child
in the car father refuses to deal with
his addiction in this situation mother
may want to file a motion to restrict
father's visitation to supervised
visitation or to seek court orders
conditioning father's future custodial
time upon his successful completion of a
substance abuse treatment program and
cleaned random urine test results
there are countless reasons why one
party or the other may want to modify an
existing child custody or child
visitation order if my spouse and I are
able to reach an agreement on how an
existing child custody order should be
modified what do I do if you and your
spouse can agree on the terms of the
modified child custody arrangement the
new agreement can be set forth in a
Judicial Council form known as
stipulation and order for custody and/or
visitation of children which is FL 355
the FL 355 can be found in our court
forms database the form is free how do I
fill out the FL 355 the FL 355 can be
used to establish a brand-new pesty
order but it can also be used to modify
an existing test the order there's a box
and the caption of the FL 355 to the
left of the case number which reads
modification if you are modifying an
existing caste order check that box when
you fill out the form when you fill out
the FL 355 you can describe your new
pesty arrangement by means of an
attachment or by means of using the
collection of Judicial Council child
custody forms listed on the FL 355 those
forms are FL 34134 t1a FL 341 B FL 341 c
FL 341 d + FL 341
all of these testy forms can be found in
our court forms database and they are
all free
these child custody forms are fairly
easy to fill out mainly you're checking
a bunch of boxes what if the child
custody change I want to make is very
simple for example we just want to
expand the midweek Wednesday dinner
visit to an overnight visit though I
have to fill out a bunch of child
custody forms as attachments to the FL
3:55 you don't have to use the child
custody attachment forms if you elect
not to use these Judicial Council
custody forms but instead want to use a
simple attachment to the FL 3:55 that
described how you want to modify the
existing court orders you can use the
Judicial Council attachment form MC - OH
- v you can find the MC - OH - v form in
our court forms database what if my
spouse and I can't agree or stipulate to
a modification of an existing child
custody order what can I do if you and
your spouse cannot agree on a new child
custody arrangement then one of you will
need to file a motion with the court
using the FL 304 in another video we
will explain how to fill out and file
the FL 302 modify child custody
what will the court take into
consideration if I file a motion asking
to modify an existing child custody
order if you ask the court to modify an
existing child custody order the court
is going to primarily consider what will
be in the best interest of the child the
court does not give much weight to what
you think is best for you it's all about
what's best for the child if I file FL
300 motion to modify child custody is
the court going to require me to
participate in any court programs before
the hearing on my motion yes if you file
an FLV hundred motion to modify child
custody before attending the hearing you
will be required by the court to
participate in a court program known as
child custody mediation or child custody
recommending counseling we discussed
both
these programs in an earlier video
contained in our series of videos on how
to obtain temporary court orders at the
beginning of a contested divorce case if
you're going to file a motion to modify
an existing child custody order you
should watch those earlier videos we
also have a video that offers valuable
tips on how to prepare for and what to
do during a child custody mediation or
child custody recommending counseling
session if I file an FLV hundred motion
to modify child custody should I
included my motion or request to modify
the existing child support order if you
file a motion to modify child custody
most of the time you will also want to
include in the motion a request to
modify child support since the amount of
child support is linked to the child
custody time share percentage as soon as
you change the child custody arrangement
the amount of child support should be
reset however the amount of child
support will only be reset if you make a
request in your FL 300 that the court
modified child support to a guideline
amount upon any change in the child
custody arrangement let's turn to child
support our child support orders
modifiable child support orders are
modifiable again the court always wants
to retain jurisdiction to modify child
support orders to ensure that children
are properly supported can you give me
some common reasons why someone would
want to modify an existing child support
order there are all kinds of reasons why
you want to modify a child support order
the following are just a few examples
example number one your divorce judgment
states that the father will pay mother
one thousand dollars per month in child
support two years later has been
switches jobs and is earning
substantially more money mother may want
an increase in the amount of child
support since father can afford to pay
more the child should benefit from
father's success there's another example
your divorce judgment states that father
will pay mother one thousand dollars per
month in child support the $1,000 per
month figure was based on mother having
80
and custody and father having 20%
custody three years later the children
are now spending 50% of their time and
father's physical custody father is
going to want a decrease in the amount
of child support because according to
the statutory guidelines support formula
he would go a lot less child support
when he has custody of the children 50%
of the time as opposed to the amount of
child support he would owe based on a
20% custodial time chair here's a third
example your divorce judgment states the
father will pay mother one thousand
dollars per month in child support
after the divorce father remarries and
has another child the birth of a new
child is a hardship deduction allowed
under the statutory guidelines I'll
support formula if a new child support
calculation is made child support number
will be significantly lower because of
the new baby here's a final and fourth
example your divorce judgment states
that father will pay mother one thousand
dollars per month in child support the
family home is sold as part of the
divorce settlement a year after the
divorce father buys a new house with a
big mortgage and now has a mortgage
interest write-off and property tax
write-offs the mortgage interest and
property tax write-offs will factor into
the statutory guidelines out support
formula if a new child support
calculation is made the child support
number owed by father - mother will
significantly increase if mother was the
party that purchased the new house the
child support she receives would be
decreased
are there other reasons why someone
would want to modify an existing child
support order there are lots of other
reasons anytime there's a change in any
of the data that was entered into the
guideline child support calculation
formula it will change the amount of
child support that should be paid so if
there is a change in either parents
income a change in the custodial
timeshare percentages a change in the
amount someone pays for health insurance
a change in how much someone contributes
to their 401k account etc then the
guideline child support number will
change whether the amount of the change
is worth the time and trouble of filing
a modification motion with the court is
up to you if you don't understand how
the child support guidelines formulas
work with computer software you should
watch our earlier getting educated
series of videos watch the videos in
that section that pertain to child
support what if I think the existing
child support order should be modified
and my ex spouse is willing to stipulate
to the modification what do i do then if
you and your spouse can agree on how to
modify an existing child support order
the new agreement can be set forth in a
Judicial Council form known as
stipulation to establish or modify child
support and order which is FL 350 the FL
350 can be used to establish a brand-new
child support order but it can also be
used to modify an existing child support
order you can find the fillable version
of the FL 350 and our court forms
database that you can fill out and print
for free what if my spouse and I can't
stipulate to modify an existing child
support order what can I do if you and
your spouse cannot agree on a new child
support arrangement then you have a
couple of options one option is to
contact the Department of Child Support
Services also known as DCSS for the
county where the child resides and ask
DCSS to initiate proceedings to modify
the existing child support order to a
proper guideline amount ec SS will do
this for
three regardless of the amount of your
income or assets we talk about DCSS and
more detail in our getting educated
series of videos you can watch the
getting educated videos that pertain to
child support if I don't want to use
DCSS what can I do the second option is
to file a motion with the court to
modify the existing child support order
using the FL 304 min another video we
discuss how to complete and file the FL
300
this has been a presentation by free
divorce calm
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