Skip to Content
Modifications of Child Support Your Family Is In Good Hands. Put More Than 15 Years of
Dedicated Experience in Family Law on Your Side.

Covina Child Support Modifications Lawyer

Our Firm Has Years of Experience in Family Law

Child support is always modifiable. There are two ways the court could modify a child support order. Modification of child support can take place after a judgment has been entered or at any time after the initial order has been made.

Post-Judgment Modification

Once you have either a judgment for dissolution of marriage/legal separation or paternity judgment, you may file to request to modify that order if there is a change in circumstances involving at least one parent’s income or a change in their custodial arrangement. Whether you are eligible for changing the child support order depends on the actions of both parents. The person required to pay support or the parent to whom support was ordered to be paid (or that party’s assignee), can serve a request on the other party for a completed current income and expense declaration in the form adopted by the Judicial Council (FI-396: Request for an Income & Expense Declaration After Judgement). It must be sent by certified mail, postage prepaid, return receipt requested, to the last known address of the parent to be served, or by personal service.

If the parent served doesn’t respond within 35 days of service of the request, or if the form is missing any wage information, the other parent may serve a request on the employer of the paying parent. The employer may require the employee to pay the reasonable costs of copying this information for the requesting parent. The parent then has another 15 days to produce the information. However, if the recipient does not provide all of the documents as set forth above or does not respond at all, a request can be made directly from the employer using form Fl-397 (Request for Income and Benefits Information from Employer).

The parent being served through his or her place of employment will get a copy of the request, which will have an additional notice that indicates:

  • That information limited to the income and benefits provided to the employee by his or her employer is being sought from the employer named in the request for production
  • That the information may be protected by right of privacy
  • That, if the employee objects, he or she shall notify the court of this objection prior to the date specified in the request served on the employer for the production of income and benefit information
  • That, if the requesting parent does not agree to cancel or narrow the scope of the request for the production of this information by the employer, the employee should consult an attorney regarding the employee's right to privacy and how to protect this right

A copy of the Fl-397: Request for Income and Benefits Information from Employer must also be served on the employee once received by the employer and the employee has the opportunity to object to the demand and state the reasons why they are objecting to such a request. As long as the employees’ income is at issue, the court will likely not uphold the objection. Additionally, the employee can bring a motion pursuant to Section 1987.1 of the Code of Civil Procedure to suppress or modify this request. The parent must inform the employer prior to the date specified in the request served on the employer.

Pre-Judgment Modification

Child support can be modified after a pre-judgment hearing or order that has been made based on a change in circumstance. You may serve a Demand for Production of Documents &/or Request for Form Interrogatories to find out what the other parent is making. In addition, if you experience a change in income or even a job loss, you may immediately file a Request for Orders to modify child support regardless of what the other parent is making.

Please keep in mind that you need the requisite documentation to show the court as the basis for a change and you cannot modify the order based on statements made by the child or a 3rd party. In addition, without the requisite documents, you cannot confirm that there has actually been a changed at is possible that the adverse effect of an increase in child support may be the end result for your matter.

We Understand Modification

Like most matters regarding the care of children post-divorce, modifications to child support can be complicated. Talk to our experienced Covina divorce attorney about what the forms and deadlines you need to know about. If you need assistance, we are more than happy to help. You will need legal representation if you can’t agree on a modified amount with your ex, so let us assist you with negotiation or represent you in court.

Call (626) 788-9864 or submit our online formto schedule a free case consultation.

A Practical Guide to California Family Law By Paul A. Eads, Esq.

This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.


Client Testimonials

See What Others Are Saying
    "Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference."
    Mr. Eads, you are a true master in your field.
    - Peter K.
    "Mr. Eads worked hard for me and I am confident he will do the same for you."
    My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.
    - K.Y.
    "He was very sympathetic to my cause and was very reassuring when I needed his assistance."
    I was very pleased with the outcome of my case.
    - Albert N.
    "I was barely able to make ends meet. Mr. Eads worked out a payment plan with me and reduced my arrears."
    I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.
    - John H.
    "The outcome was much more than I ever expected to receive."
    My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.
    - J.L.
    "Mr. Eads when to bat for me and in my opinion, hit a home run."
    I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.
    - Veronica S.
    "Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex."
    I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.
    - J.A.
    "Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody."
    I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!
    - Paul W.

Contact Us Today!

Get Started With a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Why Choose Us?

See What Sets Us Apart
  • Up-to-Date Counsel on Recent Developments in Family Law
  • Top Rating for Ethics & Legal Skill (AV Preeminent® Rating)
  • Over 15 Years of Legal Experience Exclusively in Family Law
  • Compassionate & Cost-Effective Representation