How to file for child support modification in california
How do I modify a child support order?
Timecodes:
[Music]
how do i modify a child support order
how do i change my child support order
after a judge makes child support order
one of the parents or the local
department of child support services
may want to change the order
in this video you learn how to request a
change to your child support order
and what forms you will need if you have
reached an agreement referred to as a
stipulation
on a child support amount
change in circumstances
as a general rule change in
circumstances must be shown before a
child support order
may be modified either to a higher or
lower amount
however if the parties entered into a
written agreement
stipulation which was signed by the
judge
to an amount below the calculation set
by the state guideline
you do not need to demonstrate a change
in circumstance
what are some examples of a change in
circumstances
significant change in one or both
parents income
loss of a job or reduced hours a
promotion
increase in pay incarceration
change in custody order change in the
amount of time the child or children
spend with each parent
change in the child's needs for example
child care
health care education
after a change in circumstances occurs
does my child support payment
automatically change
no the child support order can only be
changed by a new order or an agreement
stipulation approved by the court
how do i request a change in child
support
file court forms in order to request a
change in child support
you can seek assistance from the orange
county department of child support
services
or file a request for a hearing with the
court
you can reach the orange county
department of child support services
at 1-866-901-3212
or online at the following link
[Music]
the orange county department of child
support services is located at
1055 north main street
san santa california 92701
[Music]
cashiers are now accepting in-person
payments in their customer service lobby
from 7 am to 4 30 pm
[Music]
if you would like to request a hearing
with the court you will have to file a
request for order for child support and
supporting documents
the self help center has compiled the
necessary forms in a packet
you can access the form packet by
following this link
with your request for order you will
have to provide the judge with a
statement
referred to as a declaration to inform
the judge as to your reasons for asking
for child support
in your declaration you can attach any
proof referred to as evidence to help
support your statement
[Music]
with your income and expense declaration
you will be required to provide
information regarding your income and
household expenses
you will also have to provide your pay
stubs for the last two months
california has a statewide formula
referred to as the guideline calculator
for figuring out how much child support
should be ordered
also if both parents and the local child
support agency if involved
agree on a new child support amount all
parties can sign and file a stipulation
to establish or modify child support in
order
form fl-350
or stipulation and order governmental
form fl-625
for judicial approval
if parents cannot agree on an amount for
child support the judge will decide the
child support amounts
based on the guideline calculation
service after you file
your forms you must have the other
parents served and the local child
support agency served
if they're involved someone over 18
years old who is not a party to the case
serves a copy of your filed court forms
at least 16 court days before the
hearing
add five calendar days if services by
the server also serves blank copies of
the responsive declaration
form fl-320
and income and expense declaration form
fl-150
and fills out the proof of service
you must then file the completed proof
of service with the court
attend your hearing be sure to attend
your hearing and be prepared to explain
the change in circumstance that occurred
in your case
you should also be prepared to present
any documentation that helps support
your request
in addition be sure to take a copy of
your tax returns for the last two years
and last two months of pay stubs
[Music]
should i wait to file for a change in
child support
it is important that you seek a
modification right away because child
support cannot be changed retroactively
this means that if you lost your job
three months ago but are just now filing
papers to change your support order
the court is not allowed to make an
order going back to the day that you
lost your job the court can only change
your child support from the date that
you filed your papers asking for the
change
if you wait you will not only be
unemployed but you will owe
three months of child support plus
interest on the past due amount
a result it is important that you file
as soon as possible
please note as a response to the kobe 19
pandemic
the judicial council of california
enacted emergency rule 13
which will temporarily allow court to
make an order modifying support
effective the date
and unfiled request to modify support
was mailed or otherwise served on the
other party
so long as the requesting party also
re-serves the other party
after the request has been filed at the
court
what the emergency rule allows you to do
is complete the following packet
[Music]
shc-rf0-01
once completed you must have someone
else over 18 years old serve a copy to
the other parent by mail
the person that mails out the copy your
server needs to complete the proof of
service by mail
form fl-335
the other parent also needs to be served
with a blank responsive declaration
form fl-320
a blank income and expense declaration
from fl-150
and the blank proof of service by mail
form fl-335
[Music]
all these forms can be found in this
packet shcrf0-01
please note that if the orange county
department of child support services
is involved in your case you will also
need to have someone else mail them a
copy of your unfiled forms
the person that mails out the copy your
server needs to complete the proof of
service by mail
form fl-335
[Music]
you must file your original completed
packet with copies along with the proof
of service demonstrating that you had
them served with your unfiled request
[Music]
the court clerk will file your original
and give you back the copies with your
hearing dates
then you must have someone else reserve
the other parent with a copy of the
filed paperwork
if the orange county department of child
support services is involved in your
case
you will also need to have the
department reserved
you must have them served at least 16
court days before the hearing
court days are days that the court is
open to the public
if the documents were delivered by mail
add five calendar days to that deadline
now you know how to modify a child
support order
you
Related queries:
how to file a motion to modify child support in california
what forms do i need to modify child support in california
can i file a child support modification online
how to modify child support in california
how to file for child support modification online
