California Child Support Revision Laws
- In California, child support can be adjusted upward or downward, depending on parents' circumstances.Legal Law Justice image by Stacey Alexander from Fotolia.com
In California, if two parents can't agree on a child support payment amount, then the amount that one party has to pay another in monthly child support is determined by a statewide formula called a guideline. Furthermore, if circumstances dictate, a parent can return to the court to request that the amount of the support payments be revised either upward or downward, and a judge rules on the request after a hearing with both parties. - The allowing of modification of child support payment amounts is allowed under the California statewide uniform child support guidelines. The guidelines state that a child support judgment isn't necessarily a final judgment and is eligible to be revised at any time if deemed necessary by the court. The amount can be adjusted either downward or upward, depending on the circumstances.
- A court can either raise or lower the child support amount if there has been a "material change in circumstances" for one or both parents, according to state guidelines, with the determination made by the court on a case-by-case basis. Examples of reasons for supports modifications include: changes in one's ability to pay; increased child-related travel expenses; changes in the amount of visitation time with the child or children; and increases in cost of living.
- Modification proceedings usually take place in the family court where the original child support judgment was issued. During the proceedings, the party seeking modification has to show cause, via financial information and other evidence, as to why the support order should be revised. The other party in the case also may attend the hearing in order to give their position on the proposed modification.
- If the court originally issued a support payment amount that's below the guideline amount outlined in the formula state's formula, then the support payer or payee is allowed to asked for a change in the support amount at any time. A change in circumstances is not a requirement for asking for a support amount revision in this case.
Eligibility
Reasons
Modification Procedure
Guideline Exception
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