Yes, You Can Change The Amount Of Your Child Support Payments

Fathers and mothers in a child support case can agree, or stipulate, to a certain amount of child support payments, or they can have the court determine the amount of child support payments each party should contribute.

Once an agreement or stipulation has been made between the parties and approved by the court, the amount cannot be modified downward unless a party shows that there are material changes in his/her financial circumstances.

Under California law, section 4010 of the Family Code provides that, “[i]n a proceeding in which the court orders a payment for the support of a child, the court shall, at the time of providing written notice of the order, provide the parties with a document describing the procedures by which the order may be modified.”

A child support order may be modified when: The court takes several things into account when ordering the payment of child support. First, the number of children is considered. Next, the net income of both parents is determined, along with the percentage of time each parent has physical custody of the child(ren). The court considers both parties’ tax filing status and may consider hardships, such as a child of another relationship. An existing order for child support may be modified when there has been a significant change in one of the parent’s net income or a significant change in the parenting schedule or when a new child is born.

In the case of In re Marriage of Laudeman, a divorced father sought to modify and lower the amount of his stipulated child support obligation. With the court’s approval, a father agreed to pay child support over and above the Statewide Uniform Child Support Guideline amount. (Fam.Code, § 4050 et seq.) About a year later, the father asked the trial court to modify his child support obligation downward simply because he had agreed to pay more than the guideline amount. His request was granted. The mother appealed, attacking the modification order on the ground that the father failed to show a material change in his financial circumstances. The father claimed the trial court properly reduced his obligation to conform to the statewide guideline. A court ultimately held that an order for child support based upon a stipulation to pay more than the guideline amount cannot be modified downward unless there are material changed circumstances.

Child support cases are very delicate matters. It’s important to hire a family law attorney who can understand your situation and provide you with the right advice and direction in order to accomplish the goals you seek on your case. The Law Offices of Michael S. Carrillo can provide you with just the proper direction on your case and he will seek all avenues in order to do that. Give us a call for a free consultation at (626) 799-9375.