A child support order is not set in stone. It is a snapshot of a family's financial situation at a specific moment in time. But life is not static. People lose jobs, get promotions, or have their custody schedules change. When a major life event happens, your court order must change, too. This is done through a legal process called a "modification." You cannot just "agree" with your ex to pay less; an informal agreement is not enforceable. You must get a new court order. This is a primary reason to hire a child support attorney in Orange County. At JOS FAMILY LAW, we help our clients file for modifications to ensure their support orders reflect their current reality.
To get a judge at the Lamoreaux Justice Center to modify your child support, you must first prove that there has been a "significant change of circumstances" since the last order was made. This is the first legal hurdle. A minor "blip" in your income is not enough. The change must be significant and lasting.
Common "significant changes" include:
• A Job Loss: If you or the other parent was involuntarily laid off.
• A Major Change in Income: This includes a big promotion and raise, or a large, non-voluntary pay cut.
• A Change in Time-Share: This is a very common reason. If the custody schedule has changed (e.g., from every-other-weekend to 50/50), the support calculation must be redone.
• A Change in Needs: This can include a new baby (a "hardship" deduction) or a change in childcare or medical expenses.
The most critical rule is that a support modification is not retroactive. The court can only modify support "prospectively," meaning from the date you file your motion (your Request for Order), not from the date you lost your job. This is a devastating and costly mistake. If you lose your job in January but wait until June to file your RFO, the court cannot erase the five months of "arrears" (debt) that you accumulated at your old, higher income. You must file immediately.
The process for a modification is like a "mini-case." Your attorney files the RFO, which includes a sworn "Income and Expense Declaration" and a statement explaining the change in circumstances. The other side files a response. You will then exchange your latest financial documents (pay stubs, tax returns). If you cannot reach an agreement (a "stipulation"), you will have a hearing where a judge will run the new numbers and issue a new order.
Never, ever rely on an informal agreement. If your ex "agrees" over text to let you pay less, that agreement is legally worthless. They can (and often do) change their mind years later and take you to court for the full original amount, plus 10% interest. The only thing that protects you is a new court order.
Whether you are seeking a reduction because you are in crisis, or seeking an increase because your ex is earning more, you must go through the formal legal process.
To ensure your support order is fair and up-to-date, contact the professionals at JOS FAMILY LAW.
To get a judge at the Lamoreaux Justice Center to modify your child support, you must first prove that there has been a "significant change of circumstances" since the last order was made. This is the first legal hurdle. A minor "blip" in your income is not enough. The change must be significant and lasting.
Common "significant changes" include:
• A Job Loss: If you or the other parent was involuntarily laid off.
• A Major Change in Income: This includes a big promotion and raise, or a large, non-voluntary pay cut.
• A Change in Time-Share: This is a very common reason. If the custody schedule has changed (e.g., from every-other-weekend to 50/50), the support calculation must be redone.
• A Change in Needs: This can include a new baby (a "hardship" deduction) or a change in childcare or medical expenses.
The most critical rule is that a support modification is not retroactive. The court can only modify support "prospectively," meaning from the date you file your motion (your Request for Order), not from the date you lost your job. This is a devastating and costly mistake. If you lose your job in January but wait until June to file your RFO, the court cannot erase the five months of "arrears" (debt) that you accumulated at your old, higher income. You must file immediately.
The process for a modification is like a "mini-case." Your attorney files the RFO, which includes a sworn "Income and Expense Declaration" and a statement explaining the change in circumstances. The other side files a response. You will then exchange your latest financial documents (pay stubs, tax returns). If you cannot reach an agreement (a "stipulation"), you will have a hearing where a judge will run the new numbers and issue a new order.
Never, ever rely on an informal agreement. If your ex "agrees" over text to let you pay less, that agreement is legally worthless. They can (and often do) change their mind years later and take you to court for the full original amount, plus 10% interest. The only thing that protects you is a new court order.
Whether you are seeking a reduction because you are in crisis, or seeking an increase because your ex is earning more, you must go through the formal legal process.
To ensure your support order is fair and up-to-date, contact the professionals at JOS FAMILY LAW.
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