Modification of Court Orders: Child and Spousal Support Orders in CA

How California Courts Decide Whether to Modify or Terminate a Support Order

After a proceeding for modification or termination of a support order is commenced, the court may request paystubs and tax returns from both parties as well as statements about the parties’ current income and expenses. It is very important that these documents be completed accurately and truthfully, as the court may impose sanctions on parties who fail to do so.

The court will then consider the current circumstances of both parties to the support order, and if it determines that the circumstances of one or both of the parties has significantly changed since the initial order, and the party asking for the modification or termination would significantly benefit from the change, the court may order that the original support be terminated or modified. The court can look at any number of factors in determining whether it would be fair to change the order, focusing on whether the situations of those parties have changed since when the order was first made. Factors the court will look at include:

• Whether one or both of the parents has lost his or her job
• Whether one or both of the parents has experience a change in income, either up or down;
• How much time each parent is currently spending with the child
• Whether the needs of the child has changed (health needs, education needs, etc.)

A court has discretion to modify the order, either providing for more or less to be paid under the order, or to set aside the order altogether, but it will have to be convinced that the situation for the parties involved has changed significantly before it will order the modification or termination.