One of the most common questions we hear from parents after a child support order is made is: “Am I stuck with this amount forever?”
The short answer is no.
Child support is based on the circumstances that exist when the order is made. But life changes. Someone gets a new job, loses a job, starts earning more money, or begins spending significantly more time with the children. When those circumstances change, the amount of child support may need to change too.
What Can Cause Child Support to Change?
California calculates child support using a statewide guideline. While the calculation can get complicated, two of the biggest factors are the parents’ incomes and how much time each parent spends with the children.
That means a change in either of those circumstances can potentially affect the amount of support.
For example, a modification may be appropriate if:
- One parent loses a job or has a significant decrease in income;
- One parent receives a substantial raise or begins earning more money;
- The parenting schedule changes and one parent begins spending more or less time with the children; or
- Other financial circumstances affecting the child support calculation have changed.
A change does not automatically mean that support will go up or down. The Court will look at both parents’ current circumstances and determine what the guideline calculation is based on the new information.
Don’t Wait to Ask for a Modification
One of the biggest mistakes a parent can make is waiting months to request a modification. Until the Court changes the order, the existing child support amount legally remains in place.
In California, a Court generally cannot go back and modify child support for the months before the request to modify was filed. If a parent loses a job in March but waits until July to file a request to modify support, the judge generally cannot reduce what was owed from March through June based on the later-filed request.
So, if something significant changes, it is important to address it sooner rather than later.
Do We Have to Go to Court?
Not necessarily.
If both parents agree that child support should change, they can submit a written agreement to the Court for approval. If they cannot agree, either parent can generally file a Request for Order asking the Court to determine the appropriate amount.
Either way, parents should be careful about relying on an informal agreement to pay a different amount without actually changing the Court order. If there is an existing order, it is best to make sure any agreed modification is properly documented and submitted to the Court.
At The Soleymani Law Firm, APC, we regularly represent parents seeking to establish, increase, decrease, or otherwise modify child support orders. If your financial circumstances or parenting schedule have changed and you have questions about how that may affect child support, contact our office to schedule a consultation with an experienced California family law attorney.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals should consult with a qualified California family law attorney regarding their specific circumstances.