- Parents are not allowed to ‘agree’ to a non-modifiable child support order.
- Even when the initial family law petition does not request child support, or a judgment does not address child support, the court can still make child support orders at a later time.
- The payor or payee parent can only modify support back to the date s/he files a motion to modify.
- To change a child support order, you must show a change of circumstances such as a change in income of either party, change of custodial timeshare, or change in the statutory minimum child support.
- National Guard service members and US military deployed out of state are afforded special considerations with respect to the modification of child support orders (and custody/ visitation).
- In California, a court may modify (and enforce) another state’s child support order in a proceeding to register that order if all the parties reside in California and the child does not reside in the issuing state.
- Even a so-called ‘final’ divorce judgment can be modified with respect to child support.
- A party seeking to modify child support bears the initial burden of proof in modification proceedings.
- A parent seeking to impute income to the other parent must prove the ability of the other parent to earn and his/her opportunity to earn.
- Keep in mind that not everyone plays fair! A party could agree to a below – guideline order (lower than they are legally entitled to) to obtain a certain benefit s/he wants in the divorce and then file a motion to modify the child support shortly thereafter.