CA Child Support Modifications
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This document discusses California child support modifications. It notes that child support can be modified if there is a "substantial change in circumstances" such as an increase or decrease in income or change in parenting time. Child support amounts can increase indefinitely as children are allowed to benefit from increases in the paying parent's standard of living. The document provides tips for determining income amounts, drafting marital settlement agreements, the timeline for filing modifications, and considerations for downward modifications, terminating support, paying for college, and the tax treatment of child support.
CA Child Support Modifications
- 2. Disclaimer • This slide set is designed to provide general information. The Mindful Divorce does not represent an individual based upon that person’s review of these slides. The slides are not used to be for legal advice or opinions. If you need legal advice or have questions, seek professional assistance from a licensed lawyer in your jurisdiction. • The Mindful Divorce practices family law exclusively in California. (949) 514-8600 info@themindfuldivorceoc.com
- 3. Legal Standard • “Substantial Change in Circumstances” • Increase in income • Decrease in income • Change in Parenting time • Original support was set below guideline amount (949) 514-8600 info@themindfuldivorceoc.com
- 4. Increases in Child Support • Children are allowed to ride the escalator up with their parent to increase their standard of living • There is no cap on this (949) 514-8600 info@themindfuldivorceoc.com
- 5. Ways to Determine Income • After your divorce has been filed, you can request a post judgment income and expense and declaration (949) 514-8600 info@themindfuldivorceoc.com
- 6. Marital Settlement Agreement Drafting Tips • Can put into MSA that parents exchange tax returns (949) 514-8600 info@themindfuldivorceoc.com
- 7. When to File and Retroactivity • If there is a change of circumstances you should an attorney and take action immediately • Only retroactive to date of filing for modification • Original child support amount SETS precedent (949) 514-8600 info@themindfuldivorceoc.com
- 8. Downward Modification • Child support CAN go down, however, be prepared to give a reason why your income has gone down • i.e. Cutbacks in company • Cannot be due to your own whims (949) 514-8600 info@themindfuldivorceoc.com
- 9. Terminating Child Support • Child support goes until 18 or the child graduates high school, whichever is later • CAN continue past the age of majority if the child is incapacitated • Important to note that PAYOR’S Estate is still liable for child support even if the payor dies (949) 514-8600 info@themindfuldivorceoc.com
- 10. Paying for College • Legal obligation ends • However, you can come to an agreement on this and include it in your marital settlement agreement (949) 514-8600 info@themindfuldivorceoc.com
- 11. Child Support and Taxes • Child Support is neither taxable nor deductible • Thus, child support is post tax income for the earner (949) 514-8600 info@themindfuldivorceoc.com
- 12. Have any questions? Please feel to reach out to me! (949) 514-8600 info@themindfuldivorceoc.com http://www.themindfuldivorceoc.com ~ Alexandra Baron, Esq.