Modification of an Existing Child Support Order
The Local Child Support Agency (LCSA) will review your child support order for possible modification (change) when notified that a change of circumstance has occurred.
A change of circumstance is typically:
- An increase or decrease in visitation.
- An increase or decrease in either parents income.
- Incarceration of either parent.
- Disability of either parent.
The LCSA wants to ensure that the amount of child support owed by the noncustodial parent is based on the state child support guideline.
Guideline child support is determined by gathering key elements from both parents and placing these elements into a computer program. The guideline calculator program is approved by the California Judicial Council and is the exclusive calculator for determining guideline child support in California.
Your child support case manager works with both parents in gathering the key elements needed to review the order for possible modification. The key elements include but are not limited to:
· Pay stubs
· Income Tax Returns
· Health Insurance Costs
· Mandatory employment related union dues and retirement payments
· Current marital and dependant status
· Extraordinary health care costs paid by either parent
· Visitation timeshare
· Child Support paid for children of other relationships
· Child Care costs paid so that the parent having care and control of the child can work.
When your case manager has received proof of all of the elements, a guideline calculation will be figured. You will be given the opportunity to review the calculation and to ask question regarding how the new amount was determined. If both parents agree with the new amount, you will be asked to sign a legal document called a Stipulation re: Modification. This signed legal document will be sent to the court and will become the new order.
If either parent disagrees with the proposed child support amount, the LCSA will file a motion for modification with the Superior Court. The court will review the elements and make a determination for guideline child support. Both parents will be notified of the date, time, and location of the hearing so that they can appear in front of the judge. Some parents hire private attorneys to assist them in court. Other parents meet with the Family Law Facilitator for assistance.
If the LCSA determines that a modification of the existing order is not merited, you have the right to ask the court to decide. Private attorneys, and the Family Law Facilitator can assist you with asking the court for a hearing.
To reach your case manager by telephone, call (866) 901-3212.
To meet with your case manager, you can visit our main office at 1474 Myers St. in Oroville, CA. between the hours of 7:00 a.m. and 7:00 p.m., Monday through Thursday.