How to File a Child or Spousal Support Modification in California (and Why It’s Urgent to Act Now)

James P. Reape March 24, 2020

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In response to the public health crisis, businesses across California have had to adapt their services or close, resulting in a reduction of income or loss of jobs for many. Similarly, the Courts have adjusted to public health orders by limiting services and are currently conducting hearings for emergency issues only for a limited time. Non-emergency issues, such as modification of support, will not be heard until the Courts fully reopen. However, the Courts are accepting new filings for family law issues. If your income has been affected by the public health crisis, you can file for a modification of child support and/or spousal support now. That gives you the ability to open a line of discussion to a potential settlement before the Courts fully reopen for all matters sometime later this year.

Filing for a modification of support is extremely important if your financial circumstances have changed because state law prohibits the Courts from retroactively modifying a support order, even under the current crisis. So, even if the Courts are not hearing modification cases at this time, you are still able to preserve your right to modification by filing. It is imperative to file for a modification of support soon after a job loss or significant pay reduction because the Court can’t backdate modifications. Thus, if you stop paying your court-ordered support, you will not be able to avoid accumulating arrears. Unpaid support arrears accrue interest at a rate of 10 percent per annum, and they cannot be discharged in bankruptcy, and there is no statute of limitations on unpaid support. If you need more support due to a job loss, you will also need to file for a modification of support because you cannot go back to a date earlier than your filing date.

Do not assume that the state Legislature will come to your rescue with emergency legislation in this area. If your financial circumstances have changed, whether you are currently paying or receiving support according to a Court order, you should consult with an experienced family law attorney. The Reape-Rickett Law Firm can help you navigate the modification process and provide consultations via phone or video conferencing. Don’t hesitate to contact our firm and consult with one of our experienced attorneys today.

Why Filing Early Matters: The Risk of Arrears and Interest

California law is strict about retroactive modifications. Courts can only adjust support orders from the date you file, not earlier. If you delay filing:

Arrears will accumulate.
You’ll owe 10% interest per year.
Arrears are not dischargeable in bankruptcy.
Unpaid arrears can lead to wage garnishment or contempt of court charges.

Simply put: Waiting to file costs you money and could jeopardize your financial future.

What Qualifies as a “Change in Circumstances” for Support Modification?

Courts generally require a substantial change in circumstances before modifying a support order. Examples include:

Job loss or involuntary reduction in hours.
Significant decrease in income due to economic hardship.
Medical emergencies or disability.
New family obligations (e.g., birth of a new child).
Loss of benefits or retirement income.

Document your situation thoroughly with pay stubs, termination letters, medical records, or financial statements.

Filing for a Support Modification in California: Step-by-Step Process

Assess Your Eligibility: Has your financial situation changed significantly?
Gather Documentation:
- Pay stubs, tax returns, and unemployment benefits.
- Proof of medical expenses or other financial burdens.
Complete the Right Forms:
- FL-300 (Request for Order).
- FL-150 (Income and Expense Declaration).
File Your Forms:
- Submit to your county court, many accept e-filing.
- Visit Los Angeles Superior Court E-Filing for details.
Serve the Other Party: Follow California’s legal service rules.
Prepare for the Hearing:
- Virtual hearings via Zoom may be required.
- Bring all evidence and documentation.
Follow Up: After filing, negotiate a settlement or attend your court hearing.

What Happens After You File?

Filing preserves your rights to retroactive modification.
The court will review your case when it’s scheduled, delays are possible, so stay proactive.
You can attempt out-of-court settlements while waiting for a hearing.
If successful, your support order will be updated based on your current circumstances.

Common Mistakes to Avoid When Filing

Waiting too long to file after income loss.
Not including complete financial documentation.
Failing to serve the other party correctly.
Missing your court hearing or deadlines.
Assuming support arrears will go away if you can’t pay.

Real-Life Example: The Power of Prompt Filing

Case Study:

Mark, a self-employed contractor, lost 60% of his income due to pandemic restrictions. He filed for a support modification in March 2020, documenting his income loss through bank statements and client termination letters. His ex-spouse initially opposed the change, but after a virtual mediation session, they reached an agreement, lowering Mark’s support obligation to reflect his new reality.

FAQs: Quick Answers for Common Questions

Can I file for both child and spousal support modification at once?

Yes, you can file for both using the same Request for Order (FL-300).

How long will my case take?

Processing times vary by county, but expect delays during public health crises. Filing preserves your retroactive rights.

Do I need a lawyer?

While you can file pro se, a family law attorney can help ensure accuracy and advocate for your rights.

Will the court automatically lower my support if I lose my job?

No, you must file a formal request. Courts don’t adjust orders unless you ask.

What if I start earning more after I file?

You must update the court and the opposing party. Your support may be recalculated.

Can the other parent refuse to negotiate?

They can, but the court will decide based on the evidence you provide.

Resources and Tools for Families

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