How do I change my child support in California, like if I lost my job?

What the law says

Family Code section 3651(a): “Except as provided in subdivisions (c) and (d) and subject to Article 3 (commencing with Section 3680) and Sections 3552, 3587, and 4004, a support order may be modified or terminated at any time as the court determines to be necessary.” Section 3651(c)(1) says it “may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.”

California Rules of Court, rule 5.260(c): “The supporting declaration submitted in a request to change a prior child, spousal, or domestic partner support order must include specific facts demonstrating a change of circumstances.” The rule adds that no change of circumstances must be shown to change an agreed child support order that was below the guideline. Rule 5.260(a) requires a current FL-150 for support hearings, though in a child support hearing a party who meets its requirements may use the Financial Statement (Simplified) (form FL-155) instead. The courts’ self-help page gives job loss as an example of a change to explain, “like you lost your job, are making less money, or are spending more time with the children.”

The court can also look at earning capacity. Section 4058(b)(1)(B): “In a case when a parent’s annual gross income is known, the court may, in its discretion, consider the earning capacity of a parent in lieu of the parent’s income, consistent with the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.” Section 4058(b)(2) lists what it considers, including earnings history, job skills, health, the parent’s “record of seeking work,” and the local job market. Section 4058(a)(1) counts unemployment insurance benefits and severance pay as income.

• Family Code section 3651 (leginfo.legislature.ca.gov)
• California Rules of Court, rule 5.260 (courts.ca.gov)
• Family Code section 4058 (leginfo.legislature.ca.gov)
• California Courts self-help: ask for or change child support

What to do next

The self-help page says to attach proof of your income from the past two months to the FL-150 and any document that supports what changed, like a letter from your job, with private numbers blacked out. Serve the papers at least 16 court days before the hearing under Code of Civil Procedure section 1005(b), plus five calendar days if mailed within California; electronic service adds 2 court days to the notice period (Code of Civil Procedure section 1010.6(a)(3)(B)). If the local child support agency is part of your case, the same page says to use its separate instructions.

• Code of Civil Procedure section 1005 (leginfo.legislature.ca.gov)
• Code of Civil Procedure section 1010.6 (leginfo.legislature.ca.gov)
• FL-300, box by box
• FL-150, section by section
• Free California child support calculator
• Can a California judge impute income if a parent quits their job?