Modify A Child Support Order
Step 8 - Modify A Child
You can modify your court-ordered child support amount whether you are the custodial
or non-custodial party. To be eligible for a modification, the monthly child support
must change by at least $50 or 20%, whichever is less.
Change of Circumstances
Contact your local child support agency or visit the Family Law Facilitator at the
courthouse for free legal assistance with the process if your circumstances have
changed. Request a modification if:
You are laid off or fired from a job
You get a new or additional job
Your income or the other parent’s income increases or decreases
Custody or visitation changes
Family size changes
You become disabled
You go to jail or prison
You are deployed to active military service
The modification process includes the following steps:
When either party requests modification, a modification packet is sent to both parents
requesting information about each parent’s financial status and various other factors
that affect child support. The department will determine if asking the court for
a modification is appropriate.
If a modification is appropriate, both parties will be informed of the decision.
The department will file the necessary papers with the court to set a hearing date.
At the hearing, the amount of the child support order may be either increased or
decreased, or the judge may deny the motion to modify.
Until an order for child support is modified, the NCP is required to pay the child
support amount in the existing order.
Please complete and submit the following forms by mail or at one of our locations:
Income and Expense Declaration
Request for Review Frequently Asked Questions
Request for Modification Review
Going to Court
The information below provides general information regarding appearances for child
support matters in court and a brief overview of the court process.
Documentation to Bring
- San Bernardino Court House
San Bernardino District Child Support Division
655 W. 2nd St.
San Bernardino, CA 92415-0248
- Victorville Court House
14455 Civic Drive
Victorville, CA 92392
If you received a letter from the department telling you to come to court, bring
that letter with you.
If the case involves determining the correct amount of support for your child(ren),
the court will need proof of your income and other factors to use to calculate how
much child support should be paid.
Please bring ALL documents that apply from the following list:
Tax returns for the past two (2) years. If self-employed, bring Schedule “C” and
current profit-and-loss statement
Last three (3) paycheck stubs
Proof of unemployment benefits
Proof of disability and/or disability benefits
Proof of health insurance premium payments
Proof of child care expenses
Proof of child support and/or spousal support paid by you for any other relationship
Proof of visitation/timeshare (time spent with the child)
Proof of biological or legally adopted children living with you
Proof of mortgage payments and property tax bill
Any other documents or information the department, or the judicial officer, has
told you to bring
Completed Income and Expense Declaration (FL-150)
Restraining Orders to Bring
Please alert the department prior to your court date if you have a restraining order
or there is a history of domestic violence involving the other party. We will interview
each party separately.
In Court Process
Prior to the hearing, all parties will meet with a department representative. If
either party is represented by an attorney, that attorney must be present. If the
parties are able to reach an agreement during that meeting, then a court hearing
may not be needed. A stipulation will be prepared for all parties to sign. Once
the court approves the stipulation, the agreement becomes a valid court order.
If the parties cannot reach an agreement, the case will be heard in court. A child
support Commissioner will hear your case. The Commissioner is appointed by the Superior
Court to hear child support cases. The department’s attorney presents the case to
the court, by telling the Commissioner what the issues are and provides any relevant
information that was discovered during the meeting that was held prior to the hearing.
Please note that the department’s attorney does not represent either party.
The Commissioner may ask questions of both parties, usually related to income and
visitation. If the Commissioner determines that enough information has been provided,
he or she may make an order in court and our department will prepare a written order
for the Commissioner to sign. If the Commissioner believes more information is needed,
he or she will schedule a continuance. If one of the parties does not attend the
hearing, a decision could be made without that person.
After Hearing Process
Once the hearing is completed, the parties will be given the opportunity to meet
with a caseworker to:
Ask any questions they may have about what happened in the courtroom
Receive information about the payment process
In addition, the non-custodial parent will be given the opportunity to make an initial
here for frequently asked questions regarding the modification process.