What happens if the amount of child support payable is more than the paying parent can afford?

In California, if the amount of child support payable to the receiving parent is more than the paying parent can afford, then the responsible parent may be able to request a modification of the order by filing an “Order to Show Cause” form with the court. The modification can be requested if the paying parent experiences a significant change in financial circumstances such as job loss, pay cut, new medical expenses, etc. The court will review the financial circumstances to determine whether the modification is appropriate. If approved, the court will make a new order with a lower payment amount that better reflects the paying parent’s ability to pay. The court may also decide to modify other parts of the orders such as parenting time and visitation schedules. It is important for the paying parent to keep accurate records of all household income and expenses, as well as any information related to their financial circumstances. The court will use these records to determine whether the paying parent is able to afford the current amount of child support, and will make adjustments accordingly. Any changes to the order must be made through the court. It is illegal for the paying or receiving parent to make changes without court approval. If the paying parent stops making payments or attempts to modify any orders without court approval, they can be held in contempt of court and face legal consequences.

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