Learn How to Modify Child Support Orders

Question:

My son, age 18, moved out of my ex’s, the custodial parents, home and lives with me, the non-custodial parent, who pays child support, can child support get terminated?

My son is still in high school* but has decided he won’t stay at his mom’s house, she’s the Custodial Parent and receives child support for him. Can we get child support terminated for this child because he no longer resides with the custodial parent? What is needed to prove to the court that he voluntarily left the custodial parent’s home is living with me the non-custodial parent?

Answer:

Yes, you can change the child support order because there has been a significant change in circumstances which warrant a change.

 

Steps to Change the Order:

Step 1 Prepare a Request for Orders and an Income and Expense Declaration

You should file a Request for Orders FL-300 (type FL-300 into your browser and the form will come up. This is true for all the forms identified in this post.)

Check custody and child support on the form FL-300. Check modification on the form FL-300. Explain in a declaration what the situation is– child lives with you now and state the amount you are paying in child support, and you want to pay zero. You can attach a form MC-025 if there is not enough room on the FL-300 form section 10 for your declaration.

It will be great if you have a copy of the old order because the form wants you to put in the date of the child custody and child support order. You put this information in sections 2d for child custody and 3b for child support  If you don’t have the date of the old order you should still file the form. Include a declaration from him (he’s 18 so he can provide a declaration) stating he’s living with you.

Prepare a FL-150 income and expense declaration. (You need it whenever you’re trying to modify child support even though you’re trying to mod. to zero you must still file it.) Add your last four paystubs to the FL-150 income and expense declaration.

Step 2 File the Request for Orders and Income and Expense Declaration with the Court

File both forms with the court. You must pay $90.00** to file the Request for Orders FL-300. Bring the original and two copies. The clerk will conform (stamp) the FL-300 and write a date for hearing on your copy.

Your hearing won’t be held for months, but the order of the court will be retroactive to the date you file the motion. NOTE: It is not retroactive to the date your son moved out of the custodial parent’s house and into your house. So, you must file the Request for Orders swiftly.

Since you are representing yourself, you can file it by going to the courthouse and submitting it to the family law court clerk, or by mailing the pleadings to the courthouse attention Family Law Court Clerk, WITH A SELF ADDRESSED STAMPED ENVELOPE. The court will not pay postage to mail it back to you.

Step 3 Service of the Request for Orders and Income and Expense Declaration on the other party

After you obtain the conformed copies of the FL-300 and FL-150, you must have a grown up (over 18 not your son) mail copies to your ex or deliver them in person.

 

STILL NOT DONE The person that mailed a copy of the FL-300 and the FL-150 to your ex signs and dates the proof of service which is Form FL-335 and you sign form FL-334.  If your server gave the documents to your ex in person then your server signs and dates FL-330. Fill out the forms with the required information on date of mailing or personal service. The forms are easy to understand.

Step 4 File the Proof of Service in the same manner you filed the Request for Orders and Income and Expense Declaration

You then file those forms with court clerk like you did with the FL-300 and FL-150.

Step 5 Attend court on the hearing date.

Then you go to court on the date of the hearing. It’s great if your son can be there too. Bring the proof of service FL-335 and FL-334 or FL-330 and bring your FL-300 and FL-150. (Bring all the papers you worked so hard to do: the Request for Orders, Income and Expense Declaration and Proof of Service)

Notes on Child Support

*child support ends when a child turns 18 unless the child is living with a parent and still in high school.

**The cost to file a request for orders varies by county. $90.00 is the cost in Los Angeles County

Notes on County Child Support Agency Cases

If the county child support agency filed the child support case, you must serve them and your ex. Here’s a link to information to change child support agency orders.