Notice Of The Right To Request A Review
- The order was reviewed for modification within the prior 12 months;
- The order was established or adjusted within the prior 24 months; or
- One of the parents cannot be located and there is no new information regarding his or her whereabouts.
The FSD or local child support agency will review an order even if it was reviewed or adjusted recently if there has been a significant change in circumstance. In this instance a significant change in circumstance is limited to either a parent becoming involuntarily unemployed, a parent becoming employed or a change in custody. Seasonal or intermittent employment that was considered by the court when establishing the support order does not qualify as a significant change in circumstance. Once the FSD or local child support agency has determined that an order will be reviewed, the review and modification process should be completed within 180 days.
The FSD or local child support agency must attempt to modify an order in any of the following circumstances:
- Application of the state`s child support guidelines indicates that the amount of support ordered should be increased by at least $50 or 30 percent, whichever is greater;
- Application of the state`s child support guidelines indicates that the amount of support should be decreased by at least $50 or 30 percent, whichever is greater, and the reason for the decrease is expected to last at least six months; or
- There is no medical insurance provision in the order and medical insurance is available at reasonable cost to the noncustodial parent.
If the FSD or local child support agency is not required to modify the order, they must provide to either the custodial parent and/or noncustodial parent, upon request, information on how they can get forms to ask the court to increase/decrease the amount of the support order.
Speak to an Experienced Family Law Attorney Today
Even the most common family law issue can be intensely stressful. A knowledgeable family lawyer can guide you through the process. An attorney will coach you on how to proceed and give expert guidance on hearings, trials and enforcing court orders. Take the first step now and talk to an experienced local family attorney.
Additional Family Law Articles
- California Family Law: An Overview
- What Is Community Property?
- How Is Community Property Divided?
- What Are The Grounds For Divorce In The State Of California?
- Are There Any Residency Requirements For Filing A Divorce?
- What Is An Annulment?
- How Do The Courts Handle Educational Degrees And Professional Licenses Acquired During The Marriage?
- Can I Get Part Of My Spouse's Pension And Employment Benefits?
- How Do Courts Award The Family Residence?
- Establishing A Support Order
- Statement Of Nondiscrimination
- Your Legal Relationship With The Family Support Division
- Legal Assistance Alternatives
- Family Violence Indicator
- I Want The Fsd Or Local Child Support Agency To Enforce My Court Order. Is The Information I Provide Open To The Public?
- Calworks Cases
- Medically Needy Only Cases
- I Am Applying For Calworks And/Or Medi-Cal. Do I Have To Personally Ask The Other Parent For Child Support?
- What Does It Mean To Cooperate With The Fsd Or Local Child Support Agency?
- What Happens During An Interview With The Fsd Or Local Child Support Agency?
- What Does It Mean To Assign My Support Rights?
- What Information Must The Other Parent Or I Provide To The Fsd Or Local Child Support Agency?
- Legal Representation
- If An Answer Is Filed
- Locating The Non-Custodial Parent
- My Child's Father Is In The Military, But I Don't Know Where He Is Stationed. Can The Fsd Or Local Child Support Agency Find Him
- How Paternity Is Established
- What Happens If The Father Leaves The State Before Paternity Is Established?
- Why Should Paternity Be Established If The Father Has No Money To Support The Child?
- Paternity Opportunity Program (Pop)
- Is There An Age Limit For The Genetic Tests To Be Done On A Child?
- Notice To Custodial Parties
- Medical Support
- How Child Support And Medical Support Are Distributed
- Modifying Support Orders
- My Ex-Spouse Has Remarried And Has Another Family To Support. How Will This Affect The Support That My Children Are Due?
- Can The Other Parent Be Required To Include Our Child(Ren) Under The Group Health Insurance Available Where He/She Works?
- Mandatory Wage Withholding
- Health Insurance Coverage Assignment
- Personal Property Lien
- Real Property Lien
- Franchise Tax Board (Ftb) Child Support Collection Program
- Other Enforcement Techniques
- Collecting Child Support From Out-Of State Parents
- As Soon As The Other Parent Is Notified About Enforcement, He/She Moves. How Will I Ever Be Able To Collect Child Support?
- Can Paternity Be Established For My Child If The Father Lives In Another State?
- What Should I Do If I Am Planning To Move To Another State?
- My Children And I Need Financial Assistance Now. The Non-Custodial Parent Left Us 10 Years Ago. Will The Fsd Or Local Child Support Help?
- If The Fsd Or Local Child Support Agency Cannot Find The Non-Custodial Parent, Does That Mean I Cannot Get Calworks Or Medi-Cal?
- My Child's Father Is In The Military, But I Don't Know Where He Is Stationed. Can The Fsd Or Local Child Support Agency Find Him?
- My Spouse And I Are Working Out A Joint Custody Agreement. How Would The Court Decide The Amount Of Child Support For Each Of Us?