FL-192 [Rev. January 1, 2015]
NOTICE OF RIGHTS AND RESPONSIBILITES
Health-Care Costs and Reimbursement Procedures
INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER
General Information
The court has just made a child support order in your case. This order will remain the same unless a party to the action requests that
the support be changed (modified). An order for child support can be modified only by filing a motion to change child support and
serving each party involved in your case. If both parents and the local child support agency (if it is involved) agree on a new child
support amount, you can complete, have all parties sign, and file with the court a
Stipulation to Establish or Modify Child Support and
Order
(form FL-350) or
Stipulation and Order (Governmental)
(form FL-625).
When a Child Support Order May Be Modified
The court takes several things into account when ordering the payment of child support. First, the number of children is considered.
Next, the net incomes of both parents are determined, along with the percentage of time each parent has physical custody of the
children. 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 the net income of one of the parents changes significantly, the parenting
schedule changes significantly, or a new child is born.
Examples
You have been ordered to pay $500 per month in child support. You lose your job. You will continue to owe $500 per month, plus
10 percent interest on any unpaid support, unless you file a motion to modify your child support to a lower amount and the court
orders a reduction.
You are currently receiving $300 per month in child support from the other parent, whose net income has just increased
substantially. You will continue to receive $300 per month unless you file a motion to modify your child support to a higher amount
and the court orders an increase.
You are paying child support based upon having physical custody of your children 30 percent of the time. After several months it turns
out that you actually have physical custody of the children 50 percent of the time. You may file a motion to modify child support to a
lower amount.
How to Change a Child Support Order
To change a child support order, you must file papers with the court.
Remember:
You must follow the order you have now.
What forms do I need?
If you are asking to change a child support order open with the local child support agency, you must fill out one of these forms:
FL-680,
Notice of Motion (Governmental)
or
FL-683
Order to Show Cause (Governmental)
and
FL-684,
Request for Order and Supporting Declaration (Governmental)
If you are asking to change a child support order that is
not
open with the local child support agency, you must fill out one of these
forms:
FL-300,
Request for Order
or
FL-390,
Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support
You must also fill out one of these forms:
FL-150,
Income and Expense Declaration
or
FL-155,
Financial Statement (Simplified)
What if I am not sure which forms to fill out?
Talk to the family law facilitator at your court.
After you fill out the forms,
file them with the court clerk and ask for a hearing date. Write the hearing date on the form.
The clerk will ask you to pay a filing fee. If you cannot afford the fee, fill out these forms, too:
Form FW-001,
Request to Waive Court Fees
Form FW-003,
Order on Court Fee Waiver (Superior Court)
You must serve the other parent.
If the local child support agency is involved, serve it too.
This means someone 18 or over—
not you—
must serve the other parent copies of your filed court forms at least
16 court days
before
the hearing. Add
5 calendar days
if you serve by mail within California (see Code of Civil Procedure section 1005 for other situations).
Court days
are weekdays when the court is open for business (Monday through Friday except court holidays).
Calendar days
include
all days of the month, including weekends and holidays. To find court holidays, go to
www.courts.ca.gov/holidays.htm.
Go to your hearing and ask the judge to change the support.
Bring your tax returns from the last two years and your last two
months' pay stubs. The judge will look at your information, listen to both parents, and make an order. After the hearing, fill out:
FL-340,
Findings and Order After Hearing
and
FL-342,
Child Support Information and Order Attachment
Need help?
Contact the family law facilitator in your county or call your county's bar association and ask for an experienced family lawyer.
The server must also serve blank copies of these forms:
FL-320,
Responsive Declaration to Request for Order
and
FL-150,
Income and Expense Declaration,
or
FL-155,
Financial Statement (Simplified)
Then the server fills out and signs a
Proof of Service
(form FL-330 or FL-335). Take this form to the clerk and file it.
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