What is a motion to modify child support?

A motion to modify child support is a legal request to change the amount of child support that a person pays. In California, either parent can file this type of motion in family court. The motion usually states the percentage increase or decrease in support, the reasons for the change, and any other relevant information. When a motion to modify child support is filed, the other parent must be informed and has a chance to respond. The court then looks at the reasons for the requested change, and decides whether or not to make a change to the original child support order. Factors such as the child’s needs, the parents’ incomes, and the amount of time the child spends with each parent are considered. If the motion to modify child support is approved, the court will issue a new order with the adjusted amount. It is important for the parent paying child support to keep up with the payments as ordered, even if an adjustment is pending. Failure to pay child support when it is due can have serious legal consequences, including wage garnishment or incarceration.

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