Child Support Modification Factors

In California, child support orders can be modified at any time the court deems necessary.

Child support must be paid according to an existing order until such time as the order is modified by the court, and child support orders can never be modified retroactively, so if you believe that a modification to your child support arrangements may be warranted, it is in your best interest to act as quickly as possible. Even if a parent is simply unable meet his or her current child support obligations, the payments will become a debt “in arrears”, and this amount can never be discharged, even in bankruptcy.

In some situations, parents are able to voluntarily agree to a change in child support arrangements. Such an agreement must be approved by a judge. In cases where the amount is substantially lower than the guideline amount, the best interest of the child must be demonstrated to the court. It is important to have the representation of a qualified San Francisco or San Mateo family law attorney in such negotiations, and to make sure that your interests are fully protected.

In cases where a voluntarily change in child support arrangements is not feasible, a parent or their San Francisco child support attorney may ask the court for a modification hearing. A modification hearing can be granted based upon a substantial change in the circumstances of the original child support order. Such changes of circumstance that may be accepted by the court to warrant modification to a child support order can include: