California Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult

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Multi-State
Control #:
US-01896BG
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Word; 
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Description

This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The duty to pay support typically ends when a child turns 18 and graduates high school. If they're still in high school full-time and cannot support themselves, the duty ends when they graduate or turn 19, whichever happens first.

A: Child support payments in California are largely determined by the parents' combined incomes, so the amount that people throughout the state pay can vary drastically. However, it is believed that, on average, residents of California paying child support pay between $400-500 per child every month.

How Do I Request Modification? Making a request only requires you to submit one form: Form FL-300, the Request For Order. Once filed with a court, the process will begin in earnest. You may also file Form FL-311, Child Custody, and Visitation, though this is optional.

However, sharing 50/50 custody in California does not mean the parents are not responsible for child support. Each parent must pay a portion of the child support obligation.

The state places no cap on the amount of child support a paying parent must pay each month. Instead, it's based solely on the amount of income both parents make each month, the amount the greater-earning parent earns, and the parenting/custody time of each parent.

Parents or caregivers can request a modification (change). To request a modification through the local child support agency, you must have an open case. A case can be opened anytime. Your child support order can go up or down based on information gathered.

Fill out and file Request for Hearing Regarding Earnings Assignment (form FL-450). On the form, you can explain why you do not want the money taken directly from your pay. When you file the form, the clerk will give you a court date and send a copy to your child's other parent.

The new child support law in California, enacted in 2023, introduces updates to the existing child support calculation methods. It emphasizes the importance of both parents contributing to their child's financial needs while considering their income, time spent with the child, and other relevant factors.

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California Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult