When a couple with children gets divorced, the Superior Court of California for the County of Santa Barbara will order the non-custodial parent to make child support payments. The amount and duration of payments depend on each party’s income, the needs of the child who is being supported, and other factors. However, if the paying parent’s circumstances change, the original child support plan may need to be modified accordingly.
How Do You Change or Cancel a Child Support Order in California?
Child support is not simply a payment you make each month, like a utility bill or a magazine subscription – it is a court order. Failure to comply with court orders can result in stiff penalties, potentially including jail time. If you simply stop paying child support as directed by the family court, you may be at risk of incarceration, fines, and other consequences that are extremely disruptive, unpleasant, embarrassing, and in many cases, expensive.
Not only will nonpayment of child support result in unwanted repercussions – it will also do nothing to address the underlying problem, which is that your child support payments are too expensive. In order for you to resolve this issue effectively – and to avoid incarceration or other negative outcomes – you will need to formally request a modification of child support from the court. But what is the process for modifying child support in Santa Barbara County? What steps do you need to take in order to change or end a support order in California? A brief step-by-step overview is provided below.
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You must complete certain documents, such as Form FL-300 (Request for Order).
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You should review your documents with an attorney for accuracy.
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You must make at least two copies of your legal documents.
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You must file your legal forms with the court clerk.
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The court clerk will schedule a court date.
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A person who is at least 18 years old must serve a copy of your papers on your ex-wife or ex-husband. You may not serve the papers personally, but may serve the papers via mail.
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The person who served your former spouse must complete a document called a “Proof of Service.”
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You must file the Proof of Service form with the court.
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Your court hearing will take place, and the judge will make a decision about whether to grant or deny the requested increase or decrease in child support.
Our attorneys will handle this process for you. However, we like to make sure that our clients feel informed and involved in their own legal decisions. When you are represented by a child support increase lawyer or child support decrease lawyer from Bamieh & De Smeth, we will make ourselves available around the clock to answer any questions or discuss any concerns you might have concerning your case.