How to Claim a Hardship or Change in Circumstances for Child Support in California
If you've been ordered to pay child support in California, you know that your obligations are serious. Yet unforeseen circumstances can befall us all. You may lose your job, have investments go bad or get seriously injured and not be able to work. In these situations, you won't be able to fulfill your child support payments. It's important to take quick action to file for a reduction. Not only does it take time for the paperwork to be approved, but accruing child support, plus any interest, will still be owed and can have a negative impact on you down the road.
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Instructions
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Contact your local child support agency immediately if your circumstances are altered dramatically. Submit a written request to have your child support case modified and give a detailed explanation of your reasons. The LCSA, or the Local Child Support Agency, has an obligation to modify the child support amount if changes in your income would cause the amount to drop by 20 percent or $50, whichever is greater.
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Ask the local courthouse clerk to modify the payments if the LCSA doesn't see a need to change your child support order. The LCSA has up to six months to review your case and ask that the court modify your child support. If the LCSA doesn't agree with your request, you have the right to bypass it and go straight to the court.
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Come to an agreement with the other parent. If the other parent understands your circumstances, the two of you can settle on a new child support amount. Both parents will have to fill out a stipulation agreement and file it with the local court. You may be given a date for a hearing to give your story to the judge.
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Tips & Warnings
Quitting your job or being legitimately fired are not valid reasons for modifying child support.
Getting married and having children will reduce your child support payments.
Call 1-866-901-3212 for information about your case and your options, or go online to the link under Resources.
References
Resources
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