California Child Support Modification

When a couple with children divorces, often the divorce court orders one parent to pay child support to the other until the youngest child turns 18 or graduates high school. Sometimes, however, the original child support order becomes impossible to pay because you lose your job or face other adverse financial circumstances. Most states allow you to petition the court to modify the child support order in these circumstances. In California, you can request modification if you submit financial information to the court along with your petition.

Instructions

1

Go to the court where your divorce was finalized and obtain copies of a Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390), a Responsive Declaration to Motion for Simplified Modification for Child, Spousal, or Family Support (form FL-392) and the Income and Expense Declaration (form FL-150). You can also download these forms from the California Judicial Council website (see Resources). Ask the clerk to schedule a hearing date when you pick up the forms.

2

Complete the Notice of Motion form. Put the scheduled hearing date on the top of the form. Check off the box that says "petitioner/plaintiff". Write in the amount of child support you want the modified agreement to obligate you to and indicate the reason as well as whether you or the child(ren) are on public assistance. Sign and date the form.

3

Fill out the Financial Statement. Provide all sources of income and expenses such as rent, mortgage and food on this form. Attach copies of your three most recent pay stubs and your most recent W-2 form to this paper.

4

Make three copies of both forms. File the originals at the courthouse. Pay any fees at the time of filing. Serve a copy of the forms to your local child support agency and to the other parent. Send a copy of the Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support and a blank Financial Statement to the other parent as well. Give all the forms to be served to an attorney or the clerk of the court to mail or give to the other parties involved.

5

Attend the hearing on the scheduled date and time. Bring copies of all your paperwork and financial information. You may hire an attorney to represent you at this hearing. You and/or your attorney must present evidence to the judge that your financial circumstances have changed, and the other parent has the opportunity to present evidence as to why the order should not be modified.

6

Listen to the judge's decision after all evidence is presented. If the judge agrees with you, he will modify the order. The judge must sign paperwork regarding the order to make it official.