If I’ve been unemployed for a year and have a big change in income now, can I reduce my child support payments?

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If I’ve been unemployed for a year and have a big change in income now, can I reduce my child support payments?

Asked on December 3, 2012 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Changed circumstances such as a change in income would be grounds for requesting a modification of child support.

File an Order to Show Cause (court form) requesting a modification of child support and a supporting declaration stating the facts in support of your request for modification of child support.  The supporting declaration is signed under penalty of perjury.  File these documents and a proof of service with the court.  When you file an Order to Show Cause with the court, the court will schedule a hearing on your request for a modification of child support.  Serve a copy of your documents by mail on your ex.  You can either use a court form proof of service or you can write your own.  The proof of service verifies the date of mailing your documents to your ex.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to _________ (name and address of your ex) on ________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.


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