The California family courts can modify or end child support any time the court determines to be necessary. This means that child support orders are never final, as courts need the authority to change orders as financial and family circumstances change. This often requires the supporting spouse to increase or decrease support payments as his/her salary fluctuates. Conversely, the supported spouse must be careful not to rely on a certain minimum amount, as economic circumstances may warrant a reduction of child support.
In California it is sometimes best to develop a marital settlement agreement that awards child support as a function of annual income to avoid later court hearings requesting modification.
Legal Requirements for Modification
The party seeking the modification must demonstrate that there has been a material change of circumstances since the last order. Typical changes of circumstances include:
- Incomes
- Custody changes
- Costs & expenses
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