As promised, here is the second of my two posts on modification of child support orders. So, you’ve read the previous post on when you can modify a child support order. The next question is naturally – how?
Generally, a proceeding to modify a child support order must be made in the court where the original order was made. (This makes sense: both parties were subject to the court’s jurisdiction during the prior proceeding.) The party seeking to modify the child support order can do so through either an Order to Show Cause or a noticed motion.
No matter which method is used, all financial information must be current. Thankfully, the California Family Code provides an easy way for parties to get the other side’s financial information before even starting a support modification proceeding, and without having to go through formal (and potentially costly) discovery. Up to once a year after a court enters an order for dissolution of a marriage, legal separation or a paternity judgment providing for support, either party may demand that the other party produce current a current income and expense declaration (including the prior year’s federal and state personal income tax returns.) (See California Family Code §§ 3663, 3664, 3665.)
The burden of proving that a case for modification of child support is on the party seeking modification. (For example, if you are claiming that your income has been significantly reduced since the court ordered child support, the burden is on you to prove that your income has been reduced and by how much, etc.) At its discretion, the court may allow testimony, but generally speaking, each party must present its position and its evidence in writing.
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