Can I get lower child support payments?

Question: I have been paying my child support for three years but just lost my job. Is there any way that I can get my payments lowered? How do I do it? --Anonymous, Willows.

Answer: Generally speaking, yes. You can modify (adjust) your child support payments when there has been a change of circumstances since the prior child support order was made.

If you have lost your job, or you have obtained another job that pays less that your prior employment, you may file a motion with the court to modify your child support order. The motion will include a "declaration" or a "statement of facts" stating what circumstances have changed since the prior order was made. This statement will be attached to certain court forms that which are filed with the Superior Court. You will also need to complete an Income and Expense Declaration.

This is a four-page document requesting certain information about your income and expenses. You are required to attached certain documents to this form that may include your last three pay stubs, your prior years' income tax return or certain tax schedules if your are self-employed. These documents are filed with the court along with your motion for a court hearing. All of these documents are "served" to the other party, and if you have a case opened with the Department of Child Support Services, they must also be served a copy.

After you have completed your paperwork and the parties have been served, a judge or court commissioner will decide, based upon all of the evidence presented to the court, whether or not your child support order should be modified.

If you need assistance with this process, you may utilize the services of the Glenn County Superior Court Family Law Facilitator, who can walk you through the forms and process. For an appointment with her, or for further information, please call (530) 934-6446, extension 6380.

Ask the Court is written by Glenn County Superior Court administration staff. E-mail questions to askthecourt@glenncourt.ca.gov or mail to Glenn County Superior Court, Attn: Ask the Court, 526 W. Sycamore St., Willows, CA 95988. Questions may be submitted anonymously.