Can I change or adjust the amount of child support I owe? …While I am incarcerated? …After my release?

IMPORTANT: The process for changing or lowering your CURRENT and FUTURE child support payments is different than the process for changing your PAST, OVERDUE child support debt. This question will explain how to change your current child support payments. To learn about changing your past, overdue child support debt, see PG. 785778.

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First the bad news: In general, you CANNOT go back and change the amount of past, overdue child support payments and interest that you owe. (The only exception is for child support orders issued on or after July 1, 2011, or if you agree to settle your past debts owed the other parent or the state—see PG. 778 to learn more).[2565]

But you CAN ask the judge to change the amount of child support that you have to pay in the future, starting from the date when you file your court papers. You CAN also ask the judge to set up a monthly payment plan so you can repay what you owe in installments.[2566]

To ask for a change in your child support payments while incarcerated, fill out the “Incarcerated Parent’s Request to Review Child Support” form and send it to your local child support agency (LCSA).[2567] You can ask the prison or jail for a copy of this form, or for a sample form. If the form is not available, you should contact the LCSA immediately by phone or letter, and explain that you are incarcerated and need to change your child support payments.[2568]

See Appendix A, PG. 797, to find contact information for a list of LCSAs by county in California.

IMPORTANT: In general, the judge can only change the amount of child support you owe for future payments (starting from the day you file papers asking for the change). The judge cannot reduce the amount of past child support that you owe. Therefore, you should contact the LCSA and/or file your court papers as soon as you are incarcerated, if possible, to request a change in your payments.

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If you are served with new child support papers while in prison or jail, you should contact the LCSA listed on the paperwork right away. It is best to contact the LCSA in writing, by filling out and sending back the blank Response form that you receive with the court papers.[2569] You only have 30 days (starting from the day you receive the papers) to respond to the LCSA and/or the court.[2570] You must notify the LCSA again once you are released.[2571]

To change the amount of your current and future child support payments, you must ask the judge or LCSA (if involved in your case) to change your child support order.

See the chart on the next page as a guide for how to request a change to current and future child support payments.

USE THE FOLLOWING CHART AS A GUIDE IF YOU WANT TO REQUEST A CHANGE IN YOUR CURRENT AND FUTURE CHILD SUPPORT PAYMENTS.

REQUESTING A CHANGE IN YOUR CURRENT & FUTURE CHILD SUPPORT PAYMENTS

YOU WANT TO REQUEST A CHANGE FROM

The Court (the Judge)

The Local Child Support Agency (LCSA)

What should I do?

File a Request for Order of Child Support Modification (FL-300) AND Income & Expense Declaration (FL-150) or Financial Statement (FL-155) in family court. See Appendix L on PG. 824 for sample court forms.[2572]

Contact your LCSA and tell them you want a “review and adjustment” of your child support order.

What are the steps I need to follow?

To request a change in court, you must:

Fill out the FL-300 AND FL-150 or FL-155 (see box above), and get other documents to show your income (see last bullet);

File your court forms and other documents with the family court clerk;

Serve copies of all your papers on the other parent (and LCSA, if involved in your case); and

Have a court hearing to decide how much child support you must pay (see box below).

IMPORTANT: You will need to show the judge that your circumstances have changed and you cannot afford your current child support payments—for example, because you were incarcerated, lost your job, have other expenses, or for some other reason. Along with your court forms, you should include any pay stubs or proof of income and your latest federal and state tax returns—these will show the judge how much money you make and how much you can afford to pay in child support. Ask the Family Law Facilitator for help getting all of your papers together.[2573]

To request a change from the LCSA:

Contact your LCSA and tell them you want a “review and adjustment” of the child support order.

What happens next?

After you file your court forms and other documents, you will have a hearing. At the hearing, the judge can change your child support payments starting from the date you first filed your court papers.

For more information on asking the judge to change your child support payments, visit http://www.courts.ca.gov/1196.htm.

The LCSA will conduct a review and they may potentially reduce your child support payment amount.

IMPORTANT: It can take up to 6 months for the LCSA to change your payments, and your child support obligations will continue to increase during this time—so don’t stop making payments while you’re waiting!

HELPFUL HINTSWhat can I do if . . .?

    If your driver’s license has been suspended due to unpaid child support… First, contact the LCSA to see if they can help make arrangements to have your license released. If you cannot pay the amount required by the LCSA, you can ask the judge to reinstate (give back) your license by filing a Notice of Motion for Judicial Review of License Denial (Form FL-670) with the family court that issued your child support order (see Appendix L on PG. 824, for sample form).[2574] If there is a levy on your bank account… Contact the LCSA or call 1-866-901-3212 for any questions.If your passport has a hold on it… Federal law requires that anyone who owes more than $2,500 in overdue child support cannot get a passport.[2575] In California, you must pay off ALL of your overdue child support or have your child support case closed in order to get your passport released. Contact your LCSA for questions or assistance.[2576]
  1. 2565

    California Courts, Child Support. http://www.courts.ca.gov/selfhelp-support.htm ↑

  2. 2566

    California Courts, Falling behind in Child Support. http://www.courts.ca.gov/selfhelp-support.htm ↑

  3. 2567

    The form is also available online at http://acreentry.org/wp-content/uploads/2011/10/Child-Support-application-english-and-spanish.pdf. ↑

  4. 2568

    Child Support Dirs. Assoc., Child Support Information for the Incarcerated Parent, https://csdaca.org/wp-content/uploads/resources/1/Outreach%20and%20Education/Fact%20Sheets/incarcerated%
    20parent.pdf    ; Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). If the LCSA does not respond, you must file court papers and request a hearing to change your support order. Judicial Council of Cal., The Basics of Child Support for Incarcerated Parents (Nov. 2011), http://www.courts.ca.gov/documents/incarceratedguide.pdf. ↑

  5. 2569

    When you receive your court papers, they should include a blank Response form for you to complete and send back. This form may be called Form FL-685 (if the LCSA has started a child support case for your child), or Form FL-270 or Form FL-320 (if the other parent or caregiver is asking you to pay child support). You will also need to complete forms with your income and financial information. If the LCSA has asked the judge to establish paternity (i.e., find that you are the child’s parent), you will need to return Form FL-610. ↑

  6. 2570

    Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). If you don’t think that you’re the child’s parent, you can have a parentage (paternity) test done while you’re in prison or jail. ↑

  7. 2571

    Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). ↑

  8. 2572

    These forms are also available online at: FL-300—http://www.courts.ca.gov/documents/fl300.pdf; FL-150—http://www.courts.ca.gov/documents/fl150.pdf.FL-155—http://www.courts.ca.gov/documents/fl155.pdf. ↑

  9. 2573

    Judicial Council of Cal., The Basics of Child Support for Incarcerated Parents (Nov. 2011), http://www.courts.ca.gov/documents/incarceratedguide.pdf; Judicial Council of Cal., Changing a Child Support Order, http://www.courts.ca.gov/1196.htm. ↑

  10. 2574

    The form is available online at http://www.courts.ca.gov/documents/fl670.pdf. The judge will make the final decision about whether to give back your license. Judicial Council of Cal., Child Support FAQs, http://www.courts.ca.gov/1200.htm. ↑

  11. 2575

    22 C.F.R. § 51.60(a). ↑

  12. 2576

    Cal. Fam. Code § 3048(f). ↑