CHILD SUPPORT

Child support may be modified at ANY time. In the State of California, the California Department of Child Support Services will assist parents in obtaining and enforcing child support orders. The District Attorney's office is very efficient in most cases; however, be aware that once you file your case with the District Attorney office, it may take up to two years before you case may be heard. If you cannot wait for the District Attorney's office to process your case, you can file for a modification (commonly referred to as an Order to Show Cause for Child Support) with the court directly. It is highly recommended that you have an attorney represent you when modifying orders to ensure all the paperwork is filed correctly and to handle the complexities of hearings.

Pursuant to California law, the amount a parent will pay or receive is based the following factors:

• the needs of the child -- including health insurance, education, day care and special needs;
• the income and needs of the custodial parent;
• the paying parent's ability to pay;
• the standard of living of the child before divorce or separation;
• the gross income of each parent; and
• each parent's custodial time with the minor child.

If you are seeking to modify a current child support order, you should always modify by court order or the agreement for modification between parents is not enforceable by the court.

Modification of child support orders are generally warranted when either party has an increase or decrease in gross income. If your income has been decreased or if the other parents income has increased, you should immediately consult with an attorney to determine if it would be beneficial to obtain a modification of child support.