Modification FAQs

1. Can I request that the family court reduce or eliminate child support arrearage already owed?

Generally, the court has no power to change the amount of child arrearage owed before you file the request for modification, and any arrearage also accrues interest. Thus, if a change in circumstance occurs affecting your ability to pay child support, contact a Southern California family law attorney as soon as possible to limit your possible arrearage.

2. Can I modify a support order if the other party intentionally misrepresented factual circumstances at the time of the order, i.e., stated that he or she no longer has a job but was actually paid under the table or did not report income?

No, the correct procedure is a motion to set aside the order based on fraud or perjury. Upon a showing that the other party intentionally misrepresented or concealed assets, the original order will be set aside and the court will issue a new order properly reflecting the circumstances.

3. The modified court order reduced my child support obligation, but still included a wage assignment. Can I get rid of the wage assignment and just send a monthly check to the other party?

No, both initial and modified court orders regarding child support must include a wage assignment against the party with a support obligation, and wage assignments are usually effective immediately.

4. I have a child support obligation and have been laid off by my job, but I have other financial resources that can sustain me for well into the future. Will a court reduce my child support obligation, despite my financial resources?

It depends. Since child support is for the benefit of the child, if you can still provide for the child at the current support level despite your loss of employment, a court may deny the request to modify, especially if modifying the current support level would detrimentally affect the child.

5. Can the court order the other party to reimburse me if I paid too much child support?

Yes, but it is within the court’s discretion whether and how to reimburse you. In determining whether to reimburse you, the court must consider the amount of overpayment, the previous court order, whether reimbursement would be a hardship to the other party, and anything else the court considers relevant. If the court decides the reimbursement would be fair, the court then determines whether to order a lump sum payment, payment over time, or an offset against future support payments.

If you or someone you know wants to modify an existing family law court order, you will need an experienced Southern California family law attorney to represent you. At Wallin & Klarich, we have helped people going through the divorce process for over 30 years. Call us today at (888) 749-7428. We will be there when you call.