4675 MacArthur Court, Suite 1590 * Newport Beach, California  *  (800) 638-9396        

Modification of the order may be permissible if there has been a change in circumstances of the parties.  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.

When there is a change in circumstances, you must be proactive. 

Following are the steps necessary to modify child support in California:

How to Modify Child Support Orders

1. Obtain and fill out the necessary forms including the

(a) Notice of Motion or Order to Show Cause and Application for Order and Supporting Declaration; or (b)Notice of Motion and Motion for Simplified Modification of Order for Child Support

and

Income and Expense Declaration or Financial Statement (Simplified)

2.File the forms and obtain a hearing date from the court clerk.  Either you or the clerk will write the hearing date on the modification forms.  Pay the filing fee or request a fee waiver by filing an Application for Waiver of Court Fees and Costs.

3.Serve the modification forms on the other parent, and the Department of Child Support Services (District Attorney) if it is involved. The service of the papers can normally be done by mail, but must be done by a person over the age of 18 and not a party to the action (a relative is fine).

The person serves all the papers above as well as a blank Responsive Declaration and blank Income and Expense Declaration or Financial Statement (Simplified)

4.File Proof of Service with the court clerk proving that the court papers were served on the other parent (and district attorney if it is involved),

5.Attend the court hearing. Bring your most recent two years of tax returns and three most recent pay stubs to the hearing. At the hearing the judge will listen to both parties (and district attorney if it is involved) and then make an order.  The Findings and Order After Hearing should then be prepared.  The judge will normally say which party needs to prepare it.

**Some counties have additional forms that must be filed.