When a Child Support Order has been made, the financial circumstances of both parents have been considered. When something changes in the finances of either the paying or the receiving parent, it is appropriate to revisit the issue of Child Support and come to a new agreement. Changing the child support order after the divorce has been granted, or before finishing the divorce, requires a request for a hearing.
To avoid a hearing, if the parents can come to an agreement a Stipulated Child Support Order can be drafted, signed by the parents, and filed with the court. If the Stipulation is accepted by the Judge, it becomes the new Child Support Order. A fee of $20 is charged by the Court to file a Stipulated Child Support Order. The Judge will read the requested Order, decide if it is acceptable to the Court, and the accepted Stipulation will be mailed to each parent after the Judge signs the Order and it is entered/filed in the case. When a Stipulation is submitted to the court clerk, the $20 fee is collected, and the clerk must be provided with two self-addressed stamped envelopes of sufficient size and pre-paid postage so that the accepted Stipulation can be mailed to the parties.
Any “Change in Circumstances”, which is how the Court refers to a change in income or catastrophic expenses, is a valid reason to request a hearing regarding child support. If one person loses a job, has to take a job that pays less or offers fewer hours, loss of overtime hours, or other event, can trigger the need to request a change in child support. If either the receiving or paying parent will not agree to a new Stipulated Order for Child Support, the parent who wants to change the support order must request a hearing. When the hearing is requested, the court will require an updated Income and Expense Declaration.
In Riverside County, a fee of $90 must be paid when requesting a hearing. If you are requesting Mediation regarding visitation or custody, an additional $25 fee is charged.