Can You Change Your Child Support Orders After Judgment?
When a judgment for child support has been entered—whether following a paternity case or a dissolution of marriage—you may wonder if those orders are set in stone. The good news is that child support orders remain modifiable under specific conditions until the child emancipates. Let’s explore how modifications work, what constitutes a substantial change in circumstances, and what steps you can take if you believe your support order needs to be adjusted.
Can You Modify Child Support Orders?
Child support is unique compared to other family law orders because it remains modifiable as long as the child is not emancipated. This means that even after a judgment is entered, you or the other party can seek to modify child support based on significant changes.
It’s important to note that child support cannot be waived outright in a judgment. While parties may agree to set child support at zero, it does not remove the ability to revisit and modify the order in the future. This ensures that the child’s financial needs can always be reevaluated if circumstances change.
What Constitutes a Substantial Change in Circumstances?
For child support to be modified, there must be a “substantial change in circumstances.” This change must significantly affect the amount of support paid, whether it increases or decreases. Examples of substantial changes include:
- Job Loss: If one parent loses their job, their ability to pay support may decrease, warranting a modification.
- New Employment: If a parent gains employment or receives a significant promotion, the amount of support owed may increase.
- Change in Income: Any fluctuation in income, whether due to a new job, a change in hours, or other factors, can impact child support calculations.
When considering whether to file a motion to modify, the key factor is how much the support amount would change. If the change is significant enough to justify a new calculation, it may be worth pursuing a modification.
Accessing Income Information
Under California’s Family Code, once child support orders are in place, each party is entitled to request the other party’s income information once per year. This right is critical in helping determine whether a modification is appropriate.
To request this information, you must follow specific procedures outlined in the Family Code, including providing precise language in your request. Accessing updated income details ensures that child support is based on current financial circumstances rather than outdated information.
How to Proceed
If you believe your child support orders are no longer accurate or fair, it’s essential to act. Here are the steps to take:
- Evaluate Changes in Circumstances: Consider whether there have been substantial changes in income, employment, or other factors since the last order.
- Request Income Information: Use your legal right to access the other party’s updated income details to assess whether a modification is justified.
- Consult an Attorney: Navigating child support modifications can be complex. Consulting an experienced family law attorney ensures you understand your rights and options.
Call JWB Family Law Today
If you have questions about modifying child support orders or need guidance on obtaining income information, JWB Family Law is here to help. Our experienced team can evaluate your case and provide clear, compassionate advice tailored to your situation.
Take advantage of our free 30-minute consultation by calling (619) 234-6123 or visiting our website at https://jwbfamilylaw.com/. Learn more on how we can help you ensure your child support orders reflect your current circumstances and protect your family’s best interests in our latest video.
