Going through a divorce or separation can be an emotionally and financially difficult time. Establishing child support and alimony payments is often contentious, with amounts determined based on factors like income levels and custody arrangements at the time of divorce. However, life circumstances change. What seemed fair at the time of divorce may no longer make sense a few years later. Fortunately, California family law allows for modifications of both child support and alimony if certain conditions are met. 

Fresno family law attorneys can help you understand whether you have grounds to modify these payments and guide you through the process.

Why You May Want to Modify Child Support

If you are currently paying or receiving child support, you may want to modify the amount if:

– Your income has increased or decreased substantially. Major changes in income – either increases for the paying parent or decreases for the receiving parent – can justify a modification. Generally a change of at least 10-15% is considered substantial.

– The child’s expenses have increased. As kids get older, their expenses go up. Things like childcare, medical costs, educational expenses, extracurricular activities, and more can be reasons to modify support.

– Custody arrangements have changed. Support amounts may change if the paying parent has substantially more custody time. The opposite is also true – if the receiving parent now has more custody time, an increase may be in order.

– There are other material changes in circumstances. Major changes like a child becoming emancipated, a health issue or disability arising, or other unforeseen events may enable a modification.

The Process for Modifying Child Support in California

If you want to modify child support in California, the process includes:

– Filing a request with the court. This involves submitting forms like a Request for Order and an Income and Expense Declaration.

– Providing evidence for the change in circumstance. This may include things like pay stubs, medical bills, proof of changed custody, etc. 

– Attending a court hearing. The judge will hear arguments from both sides and make a determination about whether a modification is justified.

– Getting a court order with the updated amount. The judge will issue a court order for the new child support amount if approved.

– Updating income withholding. Any income withholding or wage garnishments will need to be updated to reflect the new amount owed.

It’s important to remember that child support modifications generally take effect starting from the date you filed, not retroactively. So it’s a good idea to begin the process as soon as an eligible change in circumstance occurs.

Reasons to Modify Spousal Support (Alimony)

Alimony can also be modified if certain conditions are met. Reasons you may want to modify alimony include:

– A substantial change in your income or your ex’s income. As with child support, a 10-15% change in income can potentially justify a change in alimony payments.

– A change in marital status. California law generally terminates the alimony obligation if your ex gets remarried or registers a domestic partnership. 

– Retirement. Retirement may be considered a change in circumstance depending on the situation.

– A health issue or disability. If you or your ex has developed major health problems, a modification may be possible.

– Other material changes in circumstance. Changes in living expenses, assets, or other major life events could enable you to modify alimony.

Modifying Alimony in California

The process for modifying alimony is similar to child support:

– File a request to change the support order.

– Provide documentation evidencing the change in circumstances.

– Attend a hearing where the judge will make a determination.

– Obtain a new court order with the updated alimony terms.

Again, going through the process properly via the courts is crucial. You cannot just unilaterally pay a different alimony amount than a judge previously ordered.

Get Help From A Fresno Family Law Attorney for Help

Modifying child support or alimony can be confusing and complicated, especially if the other parent contests the change. California family law attorneys can help you build a strong case. 

Family law attorneys have extensive experience with modifications and other post-divorce issues.. We will review your situation, advise whether you may have grounds for a modification, and walk you through the process from start to finish. Don’t struggle with an outdated support order. Call our California family law attorneys  today to explore your options.

FAQ About Modifying Child Support and Alimony

Q: My ex lost their job but is still paying the old child support amount. Can I get in trouble for accepting it?

A: Yes, it’s possible. The paying parent needs to file for a modification after a job loss promptly. Continuing to pay an amount not in line with income could potentially be grounds for contempt.

Q: I want to modify child support because I have substantially more custody time now. Can I get retroactive payments for the past months?

A: Unfortunately, California does not allow retroactive modification prior to filing date. But it’s still worth filing as soon as possible so that the new amount takes effect.

Q: My ex is voluntarily paying more child support than required. If we modify the amount, do they have to keep paying the higher amount?

A: No, voluntary additional payments don’t affect the modification process. Only the court-ordered amount matters.

Q: If my income increases and we modify support amounts, does that mean I always have to pay the higher amount even if my income decreases again?

A: No, the process works both ways. If your income decreases substantially again in the future, you could file to modify the support downward at that time.

Q: I am receiving alimony from my ex. If I move in with a new partner, can my ex stop paying alimony?

A: Simply moving in together does not itself terminate alimony in California. However, if you subsequently register a domestic partnership or remarry, alimony can end. Speak to an attorney about your specific situation.