Life Changes, Child Support Can Too: Experienced Guidance on Modifications
Life often changes for co-parents, and when it does, you may need to modify your existing child support order. I am attorney Teresa Beyers, and in 2003, I founded my Los Angeles law firm, The Law Offices of Teresa A. Beyers, to help people like you who face complex family law matters.
Child support payments may need to be revised when a significant life change happens to either parent or the child. I work to achieve fair outcomes for parents and children, leveraging my experience to ensure your revised support order is accurate and equitable.
When Can Parents Request A Modification?
California law permits parents to request a change to an existing child support order under specific conditions. Parents must show a “significant change in circumstances” to justify a modification. Here are some of the grounds for changing support:
- A substantial change in income for either parent
- A change in the amount of time each parent spends with the child (child custody and visitation)
- A change in either parent’s ability to pay or the child’s needs
- An event that legally ends the obligation to pay support, such as a minor child undergoing the legal process of emancipation
Child support generally ends when a child turns 18 and is no longer a full-time high school student, or when the child turns 19, whichever occurs first. However, a formal court order is still necessary to terminate support payments.
All these factors can significantly alter the guideline formula used to determine the support amount. You must correctly calculate how these changes impact the support payment before filing your request with the court.
The court’s general requirement for modification is a substantial change in circumstances. However, the Local Child Support Agency (LCSA) may review the support order for modification every three years (or 36 months) if requested.
The Modification Process And Critical Timing
When requesting child support revisions, timing is crucial. In California, a modification order generally takes effect no earlier than the date you file the request with the court. However, there are exceptions, such as for parents who are activated for military duty and deployed out of state, in which case the modification may be made retroactive.
The court filing process is complex and requires specific legal forms and documentation. I can prepare the request and all necessary attachments to ensure the court has everything needed to make a ruling. My goal is to streamline the process for you.
Can Child Support Be Modified Without Going To Court?
Yes, in certain situations, parents can modify child support outside of court. If both parents agree on the new amount, they can file a written request, called a “stipulation and order,” that reflects that agreement.
This legally binding document is then submitted to the court for a judge’s signature. It is a cooperative approach that is usually quicker and less expensive than a formal court proceeding. However, having an attorney complete and file the form is advisable to ensure that you meet all legal requirements.
Schedule A Free Initial Phone Consultation
My practice focuses exclusively on divorce and related matters. I understand the emotional and financial concerns often involved. At The Law Offices of Teresa A. Beyers, I am ready to help you find solutions. To get the answers you need about revising your child support order or other family law issues, call my office at 213-933-6681 or use our online form to schedule your free initial phone consultation.