Italics brand in the Child Support Modification

Aug 6th, 2022
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Either the custodial parent who receives child support can petition Family Court for a modificationusually an increase, or the noncustodial parent who pays child support can petition Family Court for a change--- usually a decrease.
A: The new 2024 California child support law requires the CA family court to consider a number of additional factors regarding employment history and earnings potential, among other things, to determine the monthly amount a parent will be required to pay in child support.
Either parent (or a guardian) can request a modification from their local child support agency. To request a modification you must have an open case (a case can be opened at any time) Your child support order can go up or down based on information gathered (the order may not be what you expected)
Forms to Change a Child Support Order Using a Simplified Motion (Including Response Forms) You need to use either Form FL-150 or Form FL-155. ) to find out if you can use the simpler Form FL-155. A lawyer or family law facilitator can help you decide which form to use.
Retroactive child support is allowed in California. However, its not something that happens in every case. Retroactive child support can be important for divorces that are lengthy. Its common for the courts to backdate the child support once all of the orders are in place to the date of separation.
The California child support statutes commonly allow a modification petition to be filed every three years or if there has been a substantial change in circumstances since the original order was decreed. Usually, the most common reason for a change in your child support is a change in income for either parent.
The California family court only considers a request for modification if the increase in pay is 10% or more. The court might also consider a review for modification if its been 3 or more years since the original order or the last modification.
A change in a court order is called a modification. Either parent can request that the Child Support Services Department review his or her child support case for modification. Generally, a modification must be based upon a substantial change of circumstances since the last order was made by the court.

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