Why Child Support Agreements Often Need a Second Look
Often both parents want to support their children, but may disagree on the best way.
Reaching an agreement that works for both parties can be a painstaking effort involving
paperwork, compromises, and even child support modifications.While the child is a minor, a child support agreement may be revisited or modified multiple times.
Sometimes the initial agreement doesn’t meet the child’s needs. Parents’ circumstances also change
over time—careers, living arrangements, and relationships evolve—requiring updates to the original
agreement.
What Are the Elements of Child Support?
Child support generally includes three core components:
- Custody: Legal custody (decision-making regarding health and welfare) and
physical custody (how much time the child spends with each parent). - Support: The amount each parent pays toward the child’s needs, often determined by
income, timeshare, and visitation. - Visitation: The schedule outlining when each parent spends time with the child.
This is typically established early as a “Temporary Order” to avoid confusion.
Reasons to Modify Child Support
Life changes—jobs, relationships, finances—and so might a parent’s ability to provide support.
Once a court order is in place, the requesting parent must show proof of a change in circumstances.
This explanation is provided through a declaration to the court. If both parents agree on a new
arrangement, an attorney can prepare the agreement and submit it for judicial approval without
a hearing.
Common reasons for modifying child support include:
- Increase or decrease in income
- Job loss
- Incarceration
- Changes in parenting time
- One parent having another child
- Changes in the child’s financial needs
- Changes in any factor used to calculate child support
If the parents cannot agree, the requesting parent must file a Request for Order. At the hearing,
both parents present evidence and, if warranted, the judge issues a new order. Verbal agreements
are not legally binding.
Opening a Child Support Modification Case
Multiple court forms are required. The primary filing is a “Request for Order,” which includes a
declaration—your written testimony. You must also submit a “Custody and Visitation Plan,” either
by agreement or after litigation.
If You Were Never Married
Parentage must first be established. If one parent is on the birth certificate or both parents
agree, DNA testing may not be needed unless paternity is disputed.
If You Are Married or Registered Domestic Partners (Divorcing or Separating)
Child support can be requested once a case for divorce, legal separation, or annulment is filed.
Married or Domestic Partners Not Divorcing/Separating
Parents who remain married can still open a child support case without filing for divorce.
Domestic Violence Situations
A parent requesting a restraining order may simultaneously request child support.
Petitions for Custody & Support of Minor Children
Married and unmarried parents may use this filing. If both parents agree on all terms, an attorney
can prepare a stipulation for the court without a hearing.
San Diego Superior Court – Family Law Division
San Diego’s Family Law courts follow California state law and handle all family-law filings,
including child custody and support.
Filing Your Request
After preparing the Request for Order and declaration, your attorney files the documents with the
Court. Due to COVID-related backlogs, hearing dates may be delayed.
Serving the Other Parent
The other parent must be formally served; you cannot serve them yourself. They will receive a
blank Responsive Declaration form to provide their own testimony.
Mediation
Mediation is mandatory in San Diego for custody and visitation disputes unless issues of abuse are
present. The mediator—an impartial professional—helps parents work toward a plan in the child’s
best interest. If an agreement is reached, your attorney can file the plan with the court. If not,
the mediator may submit a recommendation to the judge.
What to Expect at the Hearing
Hearings are often held remotely. There may be multiple cases on the docket, so continuances are
sometimes necessary. Your attorney will lead most of the presentation, and you may summarize or
confirm information from your declaration. Once the judge makes a decision, a binding court order
is issued.
Hassett Family Law, a Professional Corporation
Hassett Family Law, PC, located in San Diego, specializes exclusively in Family Law. Our Certified
Family Law Specialists are available for complimentary consultations at (858) 353-8853.
Disclaimer: This blog post is for informational purposes only and does not create a legal
client-attorney relationship with Hassett Family Law.