Steps on How to Modify Child Support without a Lawyer
There are often pro-bono law offices that will offer help with applications to modify child support. [7] A lawyer will be able to spot clerical errors or mistakes on your application to modify your child support, which can cause it to be thrown out by a judge.
Having a lawyer on your side will help you provide accurate information so you can ensure the child support order is the right amount needed to properly care for your child. A lawyer may also help with your child custody case: Issues of child custody, in many cases, come hand-in-hand with child support cases.
Parents who are transferring custody to another biological parent do not need to hire a lawyer to complete the process. If both parents agree to all the terms of the written agreement, the court will generally accept it.
If that doesn't happen, the old order remains in effect, despite your agreement. If you follow a verbal agreement without officially changing an existing child support order, things can get dicey. Without a new court order, the paying parent could end up with a substantial support arrearage, meaning back child support.
For most parents obtaining a new order that modifies your support may take at least 6 months. Please review the modification steps below and quickly respond to any requested information from our office to help speed up the process.
Asking the court to change a child support orderFill out your court forms. ... Have your forms reviewed. ... Make at least 2 copies of all your forms. ... File your forms with the court clerk. ... Get your court date. ... Serve your papers on the other parent (and the LCSA if involved) ... File your proof of service. ... Go to your court hearing.
Under California law, either parent can request to modify child support after every three years, or if there has been “a substantial change in circumstances” since the order was decreed.
Typically, to stop child support payments, a petition to terminate child support withholding must be filed in the same court that established your original child support payments.
If you qualify, you will be able to offer a compromise repayment to the state. In other words, you may offer to reduce the debt by paying an amount that is less than the full amount you owe. Any reduction in your arrears and interest owed will be based on your income and assets.
The amount you owe in child support arrearages may only be modified if you reach a mutual agreement with the other parent involved. The court has no authority to change or reduce the amount you owe in child support arrears.