This document discusses California child support modifications. It notes that child support can be modified if there is a "substantial change in circumstances" such as an increase or decrease in income or change in parenting time. Child support amounts can increase indefinitely as children are allowed to benefit from increases in the paying parent's standard of living. The document provides tips for determining income amounts, drafting marital settlement agreements, the timeline for filing modifications, and considerations for downward modifications, terminating support, paying for college, and the tax treatment of child support.

1. California Child
Support
Modifications
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2. Disclaimer
• This slide set is designed to provide general
information. The Mindful Divorce does not
represent an individual based upon that person’s
review of these slides. The slides are not used to be
for legal advice or opinions. If you need legal advice
or have questions, seek professional assistance from a
licensed lawyer in your jurisdiction.
• The Mindful Divorce practices family law exclusively
in California.
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3. Legal Standard
• “Substantial Change in Circumstances”
• Increase in income
• Decrease in income
• Change in Parenting time
• Original support was set below guideline amount
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4. Increases in Child Support
• Children are allowed to ride the escalator up with
their parent to increase their standard of living
• There is no cap on this
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5. Ways to Determine Income
• After your divorce has been filed, you can request a
post judgment income and expense and declaration
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6. Marital Settlement Agreement
Drafting Tips
• Can put into MSA that parents exchange tax returns
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7. When to File and Retroactivity
• If there is a change of circumstances you should an
attorney and take action immediately
• Only retroactive to date of filing for modification
• Original child support amount SETS precedent
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8. Downward Modification
• Child support CAN go down, however, be prepared
to give a reason why your income has gone down
• i.e. Cutbacks in company
• Cannot be due to your own whims
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9. Terminating Child Support
• Child support goes until 18 or the child graduates
high school, whichever is later
• CAN continue past the age of majority if the child is
incapacitated
• Important to note that PAYOR’S Estate is still liable
for child support even if the payor dies
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10. Paying for College
• Legal obligation ends
• However, you can come to an agreement on this and
include it in your marital settlement agreement
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11. Child Support and Taxes
• Child Support is neither taxable nor deductible
• Thus, child support is post tax income for the earner
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12. Have any questions? Please feel to reach out to me!
(949) 514-8600
info@themindfuldivorceoc.com
http://www.themindfuldivorceoc.com
~ Alexandra Baron, Esq.