HINTS FROM THE COURT ABOUT CHANGING A CHILD SUPPORT ORDER
The California Family Law Courts offer a free information sheet on changing a child support order. Following is a summary of these hints.
General Information
A child support order will remain the same unless a party to the action requests that the support be changed (modified). A child support order can only be modified by the filing of a motion to change child support. Each party involved in your case must then be served with the motion.
When a Child Support Order May Be Modified
The Court takes several things into account when ordering the payment of child support. They include but are not limited to the following:
1. Number of Children;
2. The net income of each parent;
3. The percentage of time each parent has physical custody of the child/children;
4. The tax filing status of each party; and
5. Hardships.
An existing order for child support may be modified when there has been a significant change in one pf the parent's net income or a significant change in the parenting schedule .
How to Modify an Existing Child Support Order
1. Certain judicial forms must be completed by the party seeking to change the support order. These forms include: * Order To Show Cause or Notice of Motion * Application for Order and Supporting Declaration or Notice of Motion for Simplified Modification of Order for Child, Spousal or Family Support * Income and Expense Declaration or Financial Statement (Simplified).
2. These forms must by filed with the court clerk who will provide you with a
hearing date. There is a filing fee for this motion but an application can be made to the court for waiver of the court fees.
3. This motion must then be served on the other parent and a proof of service filed with the court clerk. The parties must then attend the hearing.
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Santa Clarita Family Law Attorney Rand Pinsky handles the following areas: Divorce, Family Law, Divorce Mediation, Divorce, Child custody and visitation, Child support enforcement and related child support issues, Alimony laws and spousal support, Juvenile dependency, Equitable distribution of property and assets, Domestic violence including restraining orders, Prenuptial agreements, Post-decree modifications including child support and child custody, Paternity, Real Estate, Business Matters.
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