Thursday, May 8, 2014

10 Facts You Should Know About CA Child Support Modification

1.  Parents are not allowed to 'agree' to a non-modifiable child support order. 

2.  Even when the initial family law petition does not request child support, or a judgment does not address child support, the court can still make child support orders at a later time.

3. The payor or payee parent can only modify support back to the date s/he files a motion to modify. 

4. To change a child support order, you must show a change of circumstances such as a change in income of either party, change of custodial time share or change in the statutory minimum child support.

5.  National Guard service members and US military deployed out of state are afforded special considerations with respect to the modification of child support orders (and custody/ visitation).

6.  In California, a court may modify (and enforce) another state's child support order in a proceeding to register that order if all the parties reside in California and child does not reside in the issuing state.

7.  Even a so called 'final' divorce judgment can be modified with respect to child support.

8.  A party seeking to modify child support bears the initial burden of proof in modification proceedings. 

9. A parent seeking to impute income to the other parent must prove the ability of the other parent to earn and his/her opportunity to earn. 

10.  Keep in mind that not everyone plays fair! A party could agree to a below - guideline order (lower than they are legally entitled to) to obtain a certain benefit s/he wants in the divorce and then file a motion to modify the child support shortly there after.