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How to Request a Child Support Modification

If you are a California resident that is paying child support, circumstances may change and make your ability to may difficult. Maybe you lost your job or you have reduced work hours that are making it more difficult for you to make ends meet. In some cases, it may be impossible for you to pay the court-ordered amount of child support. In this situation, you can petition the court for a modification of the financial terms of support. If you can prove that you are not able to pay the support, then the court may consider giving you a modification which will lessen the amount that you are required to pay.

In order to request this legal action, you will first need to obtain child support modification forms from the clerk of the divorce court where your marriage was dissolved. You will also need four forms, the FL_390 Motion for Simplified Modification of Order and the FL-392, Responsive Declaration to Motion of Simplified Modification. In addition you will want to pick up an FL-150 income and expense declaration and an FL-155 simplified financial statement form. After you have all of these forms you should ask the court clerk to schedule a hearing date for the modification request. You’ll need to enter the hearing date on each of the forms so make sure to confirm the date before you leave the courthouse.

With the help of an attorney, you will want to fill out all forms completely and declare the amount that you want to modify your child support to. You will need to make sure that you qualify for a modification. When filling out the financial form, you should include three of your most recent pay stubs and your most recent W-2 form. After you have made copies of all completed forms, you will want to return the originals that are now filled out to the court clerk. You will also want a second copy which you will need to mail or deliver by hand to the other parent and you will want to provide another copy to your local child support agency.

You may also want to keep a copy of the paperwork for yourself because you will want it in front of you at your hearing. After you have completed the paperwork process, all that is left to do is to attend your previously scheduled hearing on the scheduled date. You will want to be sure to take copies of financial data that will help the court to better understand your financial circumstances and see why it is that you are in need of a modification. With the right lawyer on your side, chances are that you will be able to argue effectively and prove why you need to lessen the amount that you are paying. If you need more information, then contact a San Fernando Valley family attorney today!


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