How to Get Child Support Reduced in California?

Child support payments are a necessary financial responsibility that helps to support an individual’s child, especially following a California divorce. If a parent fails to make these child support payments, their child will not have the basic support that they need to grow and thrive.

If an individual is ordered to make child support payments but their circumstances have changed, and they cannot pay the amount set in their order, they can contact the local Family Support Division (FSD) to discuss their options. Every state is required under federal law to have procedures for the periodic review and adjustment, if appropriate, for child support orders that state agencies handle.

A child support agency will automatically review a support order in families that receive Temporary Assistance for Needy Families (TANF) at least once every three years. In cases that do not involve TANF, the child support agency will give notice to either the parent or custodian of their right to seek a review of a child support order at least once every three years.

Either of the parties in the order can request a review at any time based on a substantial change in circumstances. A child support agency can conduct reviews in many different ways when working with parents or custodians, such as:

• Review and, if necessary, adjust the child support order according to the child support guidelines if the amount of child support varies from the amount that would be awarded pursuant to the guidelines
• Apply a cost-of-living adjustment to the order according to the child support calculation formula that is used
• Employ automated methods, which may include automated comparisons with wage or state income tax data, to:
  • identify orders that are eligible for review
  • conduct the review
  • identify orders that are eligible for adjustment
  • apply the appropriate adjustment

If a party is requesting a reduction in the amount of their payments, they must show they have had a substantial or material change in circumstances, such as:

• Substantial reduction in income
• Loss of a job
• Major illness or disability
• Incarceration
• Cost of living
• Changes in the child’s needs

For more information on how to lower child support, it is important to consult with a local attorney in California.

What Factors Can Lower Child Support?

When calculating child support, a basic child support obligation will be evaluated by considering many factors, such as:

• The amount of a pre-existing court order for California divorce and spousal support paid will be deducted from the gross income of the non-custodial parent
• The net childcare costs of the custodial parent will be considered if they must use childcare due to employment or a job search
• If either of the parents provides health insurance for the child, the cost of that coverage is considered when calculating the basic child support obligation
• A provision may also be provided for extraordinary expenses of a child, such as medical or special or private schooling needs, by agreement of the parties or by order of a court

A lawyer can assist you if you have additional questions regarding lowering child support in California.

What Is a “Substantial and Material Change”?

Parties who are involved in child support cases do not have to wait three years to request a modification. Either of the parents can request a review and adjustment of their child support obligation or can file a motion to modify their child support order if there is a substantial and material change in their circumstances.

This typically means that the new order amount differs from the current order amount by 15% or more. The agency may only conduct a review if the individual requesting it provides sufficient evidence of a substantial and material change in circumstances.

Each state will have a formula to calculate the child support guideline amount, which typically includes:

• The incomes of the parents
• The custodial parent’s child care expenses
• The non-custodial parent’s medical insurance expenses for the child, if applicable
• If the paying parent has any other child support obligations
• The number of children the non-custodial parents have, whether biological or adopted, who are currently living in the household

Any decision a court makes, including a California court, that involves a child will be made using the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

Each state will have its own specific process for requesting a child support modification. However, they will likely all have the same general steps.

The amount of child support an individual will be ordered to pay will be calculated by the state guidelines. The State of California provides an online child support calculator.

An individual may use this to determine if their amount could be modified based on the California calculations. If an individual believes their child support obligation should be modified, they can request a review in two different ways:

• Requesting a Child Support Enforcement Agency (CSEA) review
• Filing a motion

An individual can also request a CSEA review with the county CSEA. With this method, a caseworker will examine the information of both parents to determine whether child support or health insurance should be added or changed. The parents are not required to attend these reviews.

Once an individual files a motion, the other parent must be served with the paperwork. The individual who files a motion will likely be required to attend a court hearing and explain their change in circumstances to the court.

The court has the flexibility to consider the individual’s personal situation when determining if an order should be revised, such as determining whether the parent is voluntarily unemployed. Any time an individual makes a filing with a court or has a court appearance, they should be represented by an attorney.

An attorney can file the motion with:

• The court where the original child support order was issued
  • This may be a juvenile or domestic relations court;
• If the original order was issued by a CSEA and not a court, the motion should be filed with a juvenile court in the same county as the CSEA that issued the child support order
• Attending court can be more complicated than having a CSEA review

Whichever method the individual chooses, it is important that they keep making their required payments until a new or modified order is issued. If the court determines that there has been a change of circumstances, it will impose a new child support amount.

When Do I Need to Contact a Lawyer?

If you are ordered to make child support payments and you need to have the amount lowered, you have options available to you. It is important to keep making payments as best you can to show good faith and to avoid additional fees and interest.

A California child support lawyer can help you with any child support issue you are having. LegalMatch is a free and convenient way to find a child support lawyer in your area who can help you with your unique issue.

Simply submit your question or concern for free on the website, and you will receive responses from member lawyers near you in around 24 hours that include background information, fees, and client reviews. You can choose the lawyer who best fits your needs and budget.