How to Modify Child or Spousal Support Orders
Posted on Sun, Feb 05, 2012 @ 11:53 AM
This article explains, in general terms, the procedure for modifying an order for child or spousal support in California. These procedural guidelines are applicable to all Bay Area counties in California, including San Mateo, Santa Clara, Alameda, San Francisco, Marin, and Contra Costa County.
Under California law, guideline child support orders are modifiable during the pendency of the proceeding or post-judgment provided that there has been a change of circumstances since the last order was entered. Below guideline child support orders are modifiable at any time; it is not necessary for you to demonstrate a change in circumstances. The modification of spousal support orders also requires a showing of changed circumstances. However, it is important to note that some spousal support orders are non-modifiable pursuant to the terms of the order. For more guidance on what constitutes a change in circumstances, please refer to the California Courts website at http://www.courts.ca.gov/1196.htm and http://www.courts.ca.gov/1250.htm.
It is important to note that if you were ordered by the court to pay support and you can no longer afford to do so because you lost your job or for some other reason, you should file paperwork with the court immediately because the court does not have the power to modify support retroactively. In addition, any arrears will accrue interest at the rate of 10 percent per year.
Or, you may be the party receiving support and have reason to believe that your former spouse or the other parent has changed jobs or is earning more income than he or she was at the time the support order was made. In that case, it is not necessary for you to file a motion in order to get information about the other party’s finances. Rather, you can simply serve a FL-396 Request for Production of an Income and Expense Declaration After Judgment (http://www.courts.ca.gov/documents/fl396.pdf) form on the other party. Within 30 days of service, the other party will be required to complete and return a current Income and Expense Declaration along with their most recent state and federal income tax returns. Parties are allowed to do that once per year, regardless of whether any litigation is taking place.
If you decide that the circumstances warrant a modification of the current support order, you should consult the court’s information form (http://www.courts.ca.gov/documents/fl391.pdf) for an overview of the procedure.
As always, the attorneys at Seeley & Madigan, LLP are here to help you review your information and prepare your documents for submission to the court.