What if I can’t afford to pay child support?

In California, if you cannot afford to pay child support, you can request a modification of your child support order. This means that you must submit a request to the court to change the current order. To do this, you can file a motion to modify or set aside the current order. You will need to explain why you are unable to pay the current amount of child support and show evidence of your changed financial circumstances. When filing your motion, it is important to include evidence of your income and expenses. The court will take into account your income, expenses, and other relevant factors to determine whether you can reasonably afford to pay the current amount of child support. If the court finds that you cannot afford to pay the current amount of child support, then it can modify the order to a lower amount. It is important to note that you can still be held responsible for any child support you owe prior to the modification. Thus, it is important to keep up with your child support payments until the modification is approved. The court may also order you to pay interest on back child support payments if you are delinquent in your payments. If you are unable to afford your current child support payments, it is important to seek legal advice and assistance to understand your options and to ensure that you receive a fair and reasonable modification.

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