Child Support Modification

in California

Life is not stagnant. Things change and that change can occur in the blink of an eye. For example, you could receive a call from your supervisor and be told that you’ve lost your job. Or, you could be driving to the grocery store and get into a catastrophic car accident that results in you being unable to work. When a material change in your circumstances occurs, it is possible to request a modification of your child support obligations. In all the confusion, having a trustworthy and experienced family law attorney can make all the difference. 

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How to Modify a Child Support Order

As mentioned, if you are seeking to modify a child support order, you need to prove that a material change in your circumstances occurred after the court’s original support order. Common examples of why a parent will request a modification to a child support order includes the following:

  • Change in your income
  • Change in the other parent’s income
  • Change in parenting time for either parent.

How to Effectively Prepare for a Court Hearing on Your Child Support Modification Request

A change in income basically means that your income, or the other parent’s income has notably increased or decreased. The increase in your income could be due to a promotion at work, a new business venture, receiving an inheritance, etc. A decrease in income is often the result of a sudden job loss, closure of a business, etc.

  • You need to relocate due to a change in employment
  • The non-custodial parent is placing the child in a dangerous or harmful environment
  • The non-custodial parent’s religious practices are harming the child
  • The custodial parent is intentionally denying the non-custodial parent rightful contact and visitation with the child

Material Change in Income

A change in income basically means that your income, or the other parent’s income has notably increased or decreased. The increase in your income could be due to a promotion at work, a new business venture, receiving an inheritance, etc. A decrease in income is often the result of a sudden job loss, closure of a business, etc.

Material Change in Parenting Time

A change in parenting time can also serve as the basis to modify a child support order. For example, let’s assume the parent paying child support parent now spends more time with the child than they did at the time of the original child support order. If the original support order was based on a lesser amount of time, the supporting parent has the right to seek a modification to ensure they maintain the additional visitation time with their child.

How to Effectively Prepare for a Court Hearing on Your Child Support Modification Request

When you request a modification to your child support obligations, you need to be prepared to present evidence to a judge that shows you have encountered the aforementioned material change in circumstances. It’s not enough to simply say that your circumstances have changed. For example, if you are seeking a modification due to a substantial change in your income, you will likely need to present the following types of evidence:

  • Copies of recent paystubs
  • If you lost your job, a copy of the termination notice
  • Copy of an unemployment check
  • Copy of your most recent tax return

Stipulated Child Support Order vs. Order Entered at Contested Hearing

It is important to note that child support orders can be modified regardless of whether it was a stipulated order or an order that resulted from a contested hearing.

It generally does not matter whether the order either parent seeks to modify is a stipulated order, which means it was by agreement, or an order that resulted after a contested hearing. Either is subject to modification.

What to Expect If You are Seeking a Decrease in Your Child Support Obligations While the Other Parent Wants You to Pay More

In some instances, especially when the parents are not on good terms and the support order was the product of a contested hearing, you may be seeking to reduce your monthly support obligations while the other parent wants you to pay more per month. In this scenario, a judge will consider the evidence presented by both you and the other parent. Generally, the judge will base their decision on whatever is in the best interest of the child.

Testimonials

Jeremy Castro helped me with an adoption after my daughter’s dad passed away. My husband has been a step dad to her for 8 years and wanted to adopt her. Even though there is no way he can completely fill the role of her deceased father, he wanted to fully be there for her and offer comfort and emotional support for her. Jeremy and his wife Danielle were there every step of the way for us! I’m so grateful they were there to help with all of our questions and guide us though this process. Jermey’s passion for helping bring families together was so delightful.
Erin C
This review is about my experience with Jeremy and team at Castro Law. After calling around numerous times to different firms, going to the law library, and reaching out to dads rights advocates. I still didn’t get much help. I made the best choice of my life by calling Castro Law. If you’re reading this I recommend at least giving them a call because they mean business. I finally feel at peace , they went above and beyond for me. The team is great at communicating, very knowledgeable, helpful, and are professional. In my experience mothers are the one favored in the courts, and get the better outcome. Jeremy and team were in my corner the whole time and proved that dads have rights too! Im with this team until my kids are 18 , thanks again Castro Law
Jessica G
I highly recommend Jeremy Castro and his associates to any future clients. They are legal professionals who: 1. Know and apply the law to your individual case to achieve the best possible outcome 2. Communicate in a fair and straightforward manner to all parties 3. Reduce the tension in an otherwise emotional setting and assist making objective decisions. They personally saw my case through to an amicable conclusion and their billing hours were appropriate. First class performance!
John C
I wanted to take this time to write a review about my experience with Castro Law Offices. First off, they were not only FAST to my reply, but also very kind to my emotional situation. I was even handed some tissues for when I was crying. I was treated with the upmost respect (even though I'm sure I looked a little manic while in there explaining my case.) and kindness. They got my case close within a week, and also got me EVERYTHING I was asked for. I recommend Castro Law for ANYONE in need of lawyer assistance. Jeremy and his team work hard, day and night to make sure they meet all of their client's needs. If you're looking for immediate help and guidance with ANY attorney, Castro Law.
Lacey M
When things came to a point of contention with my children's father I knew I needed the help of an attorney. After weeks long search and hundreds of dollars in consultation fees with numerous other attorneys I finally found Jeremy! He is very knowledgeable regarding family law issues, authentic in his character and legal advice, as well as very reliable. As anyone in our shoes has been knows, the unknown can be very stressful. Jeremy made it a point to get back to me promptly when I contacted him...sometimes late into the night. He also was very transparent regarding communication with the other party. Would absolutely recommend Jeremy to anyone with with family law needs!
Krystal W
I was so happy I had decided to hire the Castro Law Office for my child custody and visitation case in Napa County. As a single father of three boys in the state of California, I felt as if I was already doomed thinking that the state would favor the mother regardless of my capability to care for our children. Jeremy was very empathetic and worked diligently to get myself in a good position for the hearing, as I hired him approximately a month prior to the court date. During the hearing, he was very stern and aggressive at the right moments. The situation I was in was extremely stressful and hiring the Castro Law Office helped put my mind at ease. He was very upfront and honest with me from the beginning and which is a trait I greatly appreciated. In the end, we were able to obtain an agreement that is best suited for the children and ourselves. I would hire them again for any other issues I might have in the future.
Abraham B

Have Questions About Child Support Laws in California?

Schedule A Confidential Case Review With An Experienced California Family Attorney

If you have questions about your legal rights and obligations pertaining to modifying a child support order, Castro Law Offices, P.C. is ready and able to help. Castro Law Offices, P.C. is a premier California law firm specializing in child support issues, divorce, child custody, and all other issues concerning domestic relations. Castro Law Offices, P.C. is based in Novato, California, but is ready and able to provide legal services and advice to clients in and around Marin County including Novato, San Rafael, Greenbrae, San Anselmo, Fairfax, Sausalito, Larkspur, West Marin, Ross, Mill Valley and Corte Madera. Contact Castro Law Offices, P.C. today to schedule a confidential consultation.