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San Jose Child Support Modification Mediation Lawyer, CA| Divorce Mediation Law Firm

Asking the courts for child support modification can be a complex battle for parents in San Jose California. Whether you are facing significant financial changes or need the adjustment for other reasons, the process can quickly overwhelm you if not done correctly.

It’s not uncommon for parents who litigated their divorce to choose not to modify their child support later, even when they have a reason, given the divorce attorney’s fees and costs outweigh the benefit to modify child support.

I find this to be incredibly unfortunate, although very realistic and reasonable. Imagine having the same child support order from when your child was 2 years old, now in their teen years.

Fortunately, our comprehensive services at Families First Mediation can make it much easier to modify child support orders.

If you modify child support with the assistance of child support mediators, it’s very common that the cost of the attorney’s outweigh the financial value of the child support modification.

Instead, without help, you can ensure your child gets the care they need without facing the stress of drawn-out legal battles.

Our divorce mediation services include child support modifications, and we assist you in calculating the right support amount as well as figuring out creative ways to make sure the child’s financial needs are addressed.

The cost is far more affordable and the results are enforceable and more customized to your family’s needs.

What is Child Support Modification?

Child support modification is the legal process of changing how much child support one parent pays to the other to take care of their child.

This adjustment is usually done due to changes in financial circumstances like losing one’s job or a significant increase in income, or a change in custodial times.

Child support cannot be waived. The California courts prioritize child support during and after the divorce and have little leeway in ordering guideline child support.

As such, child support will continue until it is no longer applicable. By law, child support terminates once the child has reached the age of majority (18) and graduated high school, has married, or otherwise, become legally emancipated.

If a child has not graduated from high school at the age of 19, child support will terminate on the child’s 19th birthday. There is also an exception for adult child support for a child that cannot support themselves because of mental and physical health challenges.

Legal Grounds for Modifying Child Support in CA

Should there be a change that would result in child support needing to be modified, you can request a modification of child support from the California courts to either decrease or increase the amount. However, for the court to hear your matter, you must have a legally justified reason.

The 4 common legal ground for modifying child support includes:

Change in income: An increase or decrease in either parent’s income can cause unequal income distribution, which is a valid reason to request for a modification.
Job Loss: If either parent lost their job or gets demoted in their job, they can request an adjustment if it impacts their ability to pay.
Medical Expense: Unexpected medical expenses are legal ground for the court to review and adjust the child support paid.
Change in Custody: A new child support arrangement is needed when the custodial percentage of time changes.
Increased Needs: As the child grows, their financial needs may rise, such as tuition fees and extracurricular activities.

These are a few of the most common reasons as other legal grounds include going to prison or being deployed in the military.

Book a free consultation with Dina Haddad, (mediation lawyer) to know if you qualify for a child support modification based on your unique situation. You can mediate your request to modify child support even if you do not have a legal reason so long as the other parent agrees to participate.

Evidence Needed for Child Support Modification in California

If you are going to court, once you have a legitimate reason to ask for a child support modification, you will need to gather evidence for your case. The courts will use the details you present to determine whether your petition is justified and should be implemented.

You will need to present the following key pieces of evidence to the court:

Income Details: Both parents must provide their proof of income including tax returns and pay stubs, including completing and filing an Income and Expenses Declaration, FL-150.
Employment Records: Details about employment status, including job loss and any significant changes like a promotion.
Medical Records: All medical emergencies and current health conditions that impact the financial need must be documented.
Custody and Visitation Agreements: Any new or existing changes in custody that may impact the child’s living situation.
Educational Expenses: Information about the child’s education, which includes school fees receipts, payments for extracurricular activities, and other educational costs.
Other Financial Documents: You may present any other piece of evidence relevant to the petition that can show a significant change in financial circumstances.

Once the evidence and other important information has been provided by both parties, the court will review the details. California uses a formula referred to as guideline child support. If the child support is no longer a guideline, the child support will be modified.

However, parents are able to reach a child support agreement without going to court. As mentioned, here at Families First Mediation, we work with parties to provide a private and effective space to negotiate child support.

If both parties reach a child support agreement, we will prepare a “Stipulated Agreement for Modification of Child Support,” for the parents to sign. We will then file that in the court on their behalf.

Court Method: How to Modify a Child Support Order in CA

If you are considering modifying child support in CA through the courts, these are the steps:

Review the Current Order: The first step should be reviewing the existing child support orders. Familiarizing yourself with the terms will help assess what needs to be modified.
Gather Evidence: Ensure that you collect all the required documentation that will substantiate your claim. This will also include proof of income, employment, medical costs, and other pertinent financial documentation. It is extremely important that you show clear proof of a change in your financial situation.
File a Request for Modification: A petition for modification needs to be filed with the court. This can usually be done through your local child support office or with the help of a family law attorney. A parent can also do this on their own. The proper court form is a Request for Order, FL-300. It must also include an Income and Expense Declaration, FL-150.
Serve the Other Parent: You must find a third party to serve the other parent with the Request for Order papers. It is a necessary part of the legal process. If not served, the court won’t consider your request. You must also file a Proof of Service stating that the Request for Order was served on the other parent. It must also include an Income and Expense Declaration, FL-150.
Complete, File & Serve Response: The other parent should prepare a reply to the initial papers. The court will want the other parent’s information as well. To get that information, the other parent will complete and file a Responsive Declaration to the Request for Order, FL-320.
Attend Court Hearing: Prepare and attend the court hearing. At the hearing, the court should have both party’s papers. The judge will examine the evidence provided and listen to both sides.

After hearing both sides, if the court agrees that child support should be modified, the court will issue a new child support order. This new order will be set to meet the child’s primary needs and all circumstances surrounding their welfare.

However, if the court does not have sufficient information to make an order, the court can require the parties to come back to another hearing with the right legal documents.

Non-Court Method: Can You Modify Existing Child Support Without Going to Court?

Modifying child support through the court is tedious. Also, if you had an opportunity to work it out with the other parent, you may lose that once you file papers.

Fortunately, you do not need to go to court to modify child support. If the parents agree to a new child support arrangement, they can do so. In fact, by agreement, you can agree to a non-guideline child support amount.

If you have a unique situation that requires additional child support than what a court would do, mediating outside of court will be essential. If you need guideline child support, mediating is a simpler and more cost-effective method in obtaining it.

Once you have reached a mediated agreement or an agreement with the other parent, you will then want to memorialize it in a written agreement that is filed with the court. We refer to this as a Stipulation and Order for Modified Child Support. Stipulation is a legal word for agreement. The agreement then is filed with the court, making it an order. This ensures that the child support is legally enforceable.

Book a free consultation with Families First Mediation, California’s best child support mediation service to modify your child support order.

How Long Does a Child Support Modification Take in CA?

The time it takes to do a California child support modification will depend on the specific facts of the case and, particularly, the family law court’s schedule.

You should expect that it will take somewhere from one month to a few months to complete from the time the Request for Order is filed. This does not include the time it takes to prepare the Request for Order, which could take a month or so, in and of itself.

Instead, parents that decide to mediate their child support modification, are better situated to finish sooner. The parents only need to work with the attorney mediator to reach an agreement, rather than with a busy and public court. Mediation is far more personal and straightforward than several court hearings.

Court Method: How to prepare for a child support modification hearing?

It is important that you are prepared for your child support hearing. It may involve following steps.

Arrange Records: Make sure that all documents are organised and easy to access.
File a Child Support Calculation: It’s far better that you have prepared a child support calculation for the judge to review and have included it with your filed paperwork.
Get Legal Help: Speak with a family lawyer to learn what you are entitled to and what your obligations are.

For a more seamless process, book a free consultation with Dina Haddad and her team for a personalized timeline as well as assistance regarding your child support modification case.

How Dina Haddad Can Help You with Support Modification?

We understand that making modifications to California child support orders require a lot of time and effort. Fortunately, our team of experts are here every step of the way; from a free initial consultation to the filed agreement.

Dina’s goal is to ensure that your child’s needs are prioritized with minimal disruption to your daily life. Dina has the expertise to make the modification process much easier, whether you want to adjust the amount of child support or make sure the right amount of child support is being paid.

Reach out to Dina Haddad today! Let’s start your mediated child support modification with confidence and ease.

When is a Child Support Modification Denied?

Child support modifications are highly likely to be denied if there is insufficient evidence portraying a significant change in circumstances.

Some examples may include small changes in income, income lowering on purpose, or any change that does impact the child’s or the obligee’s ability to pay.

How Can I Qualify for Child Support Modification in California?

To qualify for child support modification in California, a person needs to demonstrate a change in circumstances.

This could involve a change in income along with some employment changes, increased medical expenditures, substantial changes in the child’s needs, or any changes in custody.