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JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience:  Divorce, child custody, support, mediation, alimony
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paying child support to my ex wife, and the child is living at a state home and has not li

Customer Question

paying child support to my ex wife, and the child is living at a state home and has not lived at her home since our divorce. Also the ex wife is Receiving payments from the state since he was adopted thru the state.
Submitted: 4 years ago via ChildSupportLaws.
Category: Family Law
Expert:  JerrySJD replied 4 years ago.

JerrySJD :

If you want to change the payment, you need to file a Motion for Modification of Child Support based on a substantial change in circumstances, that being that the child is now state supported.

JerrySJD :

To do the modification motion, you fill out a state form and serve it on your ex, and file with the court. The form is pretty straightforward.

JerrySJD :

If you change payments without modifying the order, you will of course have trouble later. The orders have to be modified before you change.

JerrySJD :

do you need the state form?


yes please

JerrySJD and other Family Law Specialists are ready to help you
Expert:  JerrySJD replied 4 years ago.
  • 1

    Obtain child support modification forms from the clerk of the divorce court where your marriage was dissolved. You'll need four forms: FL-390, the Motion for Simplified Modification of Order; FL-392, Responsive Declaration to Motion for Simplified Modification; and the FL-150, income and expense declaration, and FL-155, the simplified financial statement form. At the time you pick up the forms, ask the clerk to schedule a hearing date for the modification request. You'll need to enter the hearing date when filling out the forms.

  • 2

    Fill out the Notice of Motion form completely, making sure to include the amount that you want to modify the child support amount to. Then read the back of the simplified financial statement form to see whether you qualify to use the form. If so, fill it out. If not, fill out the income and expense declaration form. After filling out the financial form, attach copies of your three most recent pay stubs and your most recent W-2 form.

  • 3
  • Make three copies of each completed form, then return the originals to the court clerk. After that, either mail or deliver by hand one set of copies to the other parent, provide another set to your local child support agency and keep the third set of paperwork for yourself. You'll need to take the paperwork with you to your hearing.

  • 4

    Attend the previously-scheduled hearing at the appointed time on the scheduled date. Be sure to take copies of financial data that you think will help you prove that your financial circumstances have changed to the extent that a modification in child support payments is necessary. Present your case to the judge. At the end of the hearing, abide by whatever ruling the judge issues regarding the modification.

  • Read more: How to Request a Modification of Child Support in California |

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