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Is there a time restriction for filing a request to modify Child Support?

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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

This question is for a friend of mine.

Mom has requested Child Support from dad. Dad has received a request to provide his current income for the purpose of establishing a child support order.

Dad, as it appears, is changing jobs in two weeks. His current employer has provided proof of Dad's income. However, the new job will pay significantly more than the current one. Dad doesn't appear willing to provide any information on the new job or increase in his pay, but instead wants to risk providing only his current income information, out of fear that the child support will be higher with his new income (a valid concern, since the increase is significant).

I have heard that California requires at least a 3-year window between requests to modify child support. However, by the time the current child support order is in place, Dad will be already making more (and hiding the additional income for the court process). What happens if Mom does find out about the new job and additional income? Would she be able to submit a request for further modification due to a change in circumstances (Dad's undisclosed increase in income that should have been reported during the evaluation process)? Or would Mom be barred for filing a modification for 3 years after the current order is put into effect?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California

This question is for a friend of mine.

Mom has requested Child Support from dad. Dad has received a request to provide his current income for the purpose of establish a child support order.

Dad, as it appears, is changing jobs in two weeks. His current employer has provided proof of Dad's income. However, the new job will pay more than the current one. Dad doesn't appear willing to provide any information on the new job or increase in his pay, but instead wants to risk providing only his current income information, out of fear that the child support will be higher with his new income (a valid concern, since the increase is significant).

I have heard that California requires at least a 3-year window between requests to modify child support. However, by the time the current child support order is in place, Dad will be already making more (and hiding the additional income for the court process). What happens if Mom does find out about the new job and additional income? Would she be able to submit a request for further modification due to a change in circumstances (Dad's undisclosed increase in income that should have been reported during the evaluation process)? Or would Mom be barred for filing a modification for 3 years after the current order is put into effect?


Hey sandy :)

No, Mom won't be barred because there is a change in Dad's finances. Once Mom finds out she can file to modify based upon that change since it IS a significant change.

This is from an attorney's website, but it does contain useful info about CA's child support modification rules:



There is a unique and inexpensive Family Code procedure under which parties to a child, family or spousal support order can ascertain whether a change of financial circumstances has occurred before commencing support modification or termination proceedings and without undertaking formal (and costly) discovery (Ca Fam § 3660 et seq.).

Up to once a year after entry of a marriage dissolution, legal separation or paternity judgment providing for support, either party may demand from the other party production of a current income and expense declaration accompanied by the prior year's federal and state personal income tax returns. [Ca Fam §§ 3663, 3664, 3665] If the responding party does not comply within 35 days (or responds incompletely), the requesting party may obtain "income and benefits" information from the nonresponding party's employer. The nonresponding party is also subject to sanctions in a subsequent modification or termination proceeding. [Ca Fam §§ 3664(b)-(f), 3667]
From:

http://www.kinseylaw.com/clientserv2/famlawservices/modifyorders/modifychildsupport/modifychilssupport.html
 

sandyclaus

Senior Member
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