DISCLAIMER (Read Before Use)
This template is provided strictly for informational purposes to assist licensed attorneys in drafting a California child-support-modification pleading. It is not legal advice and does not create an attorney–client relationship. Counsel must confirm all facts, fill in every [PLACEHOLDER], review the current California Family Code, local court rules, and Judicial Council forms (e.g., FL-300, FL-150, FL-191) before filing. Citations are limited to well-established statutory sections in accordance with the enclosed Citation Policy. Use of this template without independent legal judgment is expressly discouraged.
VERIFIED PETITION FOR MODIFICATION OF CHILD SUPPORT
(State of California, Superior Court – Family Division)
[// GUIDANCE: This pleading may accompany or be incorporated into Judicial Council Form FL-300 (“Request for Order”). Adapt formatting to the specific county’s local rules (e.g., font, line-numbering, caption style).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Caption
SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]
Family Law Division
In re the Matter of:
[PETITIONER NAME],
Petitioner,
and
[RESPONDENT NAME],
Respondent.
Case No.: [CASE NUMBER]
Assigned to: Dept. [DEPARTMENT] – [JUDGE NAME]
VERIFIED PETITION FOR MODIFICATION OF CHILD SUPPORT
[Cal. Fam. Code §§ 3651, 4053-4076]
1.2 Recitals
A. On [DATE OF EXISTING ORDER], this Court issued a child-support order (“Existing Order”) pursuant to California Family Code sections 4050 et seq.
B. Material changes in circumstances have occurred since entry of the Existing Order, warranting a modification consistent with the statewide uniform guideline.
C. Petitioner seeks an order adjusting support in accordance with Cal. Fam. Code §§ 3651 & 4055, together with a wage-assignment order under Cal. Fam. Code § 5230.
1.3 Effective Date & Jurisdiction
This Petition is deemed filed as of the clerk’s file-stamp date below and is governed exclusively by California family law and procedural rules.
2. DEFINITIONS
For ease of reference, the following terms, when capitalized, have the meanings assigned below. All other capitalized terms bear their ordinary meaning under the California Family Code and the Code of Civil Procedure.
“Child(ren)” – The minor child(ren) of the parties, namely:
• [CHILD NAME 1], born [DOB];
• [CHILD NAME 2], born [DOB]; …
“Existing Order” – The operative child-support order entered on [DATE] in this matter.
“Guideline Support” – The presumptively correct support amount calculated under Cal. Fam. Code § 4055.
“Net Disposable Income” – Income as defined in Cal. Fam. Code §§ 4058-4062 after mandatory deductions.
“Changed Circumstances” – Any fact occurring after entry of the Existing Order that, alone or in combination, justifies modification under Cal. Fam. Code § 3651(b) (e.g., income fluctuation, parenting-time change, health-insurance costs, or emancipation of a child).
3. OPERATIVE PROVISIONS
3.1 Petition. Petitioner respectfully petitions the Court to modify child support as follows:
a. Set ongoing monthly support at $[AMOUNT] per the attached Guideline Support Calculation (Exhibit A).
b. Order support to commence on [PROPOSED START DATE], subject to retroactivity limits in Cal. Fam. Code § 3653.
c. Issue an earnings assignment (Wage Garnishment Order, FL-195) directing withholding of [PERCENTAGE %] of Respondent’s disposable income, capped under 15 U.S.C. § 1673 and Cal. Fam. Code § 5230.
d. Allocate mandatory add-ons (e.g., child-care, unreimbursed medical) per Cal. Fam. Code § 4062 at [PERCENTAGE SPLIT] %.
3.2 Conditions Precedent. Petitioner shall lodge with the Court and serve:
i. A current Income & Expense Declaration (FL-150);
ii. Pay stubs or other income proof for the two most recent months; and
iii. A Declaration of Changed Circumstances (Exhibit B).
3.3 Conditions Subsequent. If either party’s Net Disposable Income varies by ≥ 10 % for three consecutive months, that party shall, within 30 days, file and serve updated financial disclosures.
3.4 Default Calculation Method. In the absence of complete income data for Respondent, Petitioner may request imputation of income under Cal. Fam. Code § 4058(b).
[// GUIDANCE: Insert local court requirements for electronic filing, meet-and-confer, or parenting-program completion, if any.]
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity & Standing. Petitioner is a parent with legal and physical custody standing to seek modification.
4.2 Accuracy of Information. Petitioner affirms that all submitted information, schedules, and exhibits are true and correct to the best of Petitioner’s knowledge, information, and belief.
4.3 No Prior Waiver. There is no binding waiver or estoppel precluding the requested relief.
4.4 Survival. The representations in this Section 4 survive entry of the modified order.
5. COVENANTS & RESTRICTIONS
5.1 Financial Disclosure Covenant. Each party shall timely supplement disclosures as mandated by Cal. Fam. Code § 2102.
5.2 Health-Insurance Covenant. Each party shall maintain health insurance for the Child(ren) if available at reasonable cost, per Cal. Fam. Code § 3751.
5.3 Non-Alienation of Income. Respondent shall not intentionally divert or conceal income to evade support obligations.
5.4 Notice & Cure. Upon written notice of an alleged breach of this Section, the breaching party shall have 15 court days to cure before enforcement measures are pursued.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute default:
a. Failure to pay ordered support within 10 calendar days of the due date;
b. Failure to comply with disclosure obligations under Section 5.1;
c. Violation of any court-ordered wage assignment.
6.2 Notice Requirement. Petitioner shall provide written notice of default via first-class mail and email (if known). No notice is required for automatic wage-withholding enforcement.
6.3 Graduated Remedies.
i. Statutory interest at 10 % per annum accrues on unpaid support (Cal. Const. art. XV, § 1; Cal. Civ. Proc. Code § 685.010).
ii. Petitioner may move for contempt under Cal. Civ. Proc. Code §§ 1209-1211.5.
iii. The Court may order additional security, including liens under Cal. Fam. Code § 4010.
6.4 Attorney Fees & Costs. Per Cal. Fam. Code § 2030, the prevailing party is entitled to need-based fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable; each parent’s support duty is personal and non-delegable.
7.2 Limitation of Liability. Support liability is statutorily capped at the percentage of income determined by Guidelines and wage-assignment ceilings (15 U.S.C. § 1673; Cal. Fam. Code § 5246).
7.3 Force Majeure. Temporary inability to pay due to objectively verifiable force-majeure events (e.g., federally declared disaster) shall be grounds for temporary relief but does not excuse timely application for modification.
8. DISPUTE RESOLUTION
8.1 Governing Law. California Family Code and California Rules of Court exclusively govern this proceeding.
8.2 Forum Selection. Superior Court of California, County of [COUNTY], Family Law Division.
8.3 Arbitration. Not available; family-law support matters are within the Court’s exclusive jurisdiction.
8.4 Jury Waiver. Jury trial is not available in support-modification proceedings.
8.5 Injunctive Relief / Wage Garnishment. Wage-withholding orders are expressly preserved and enforceable notwithstanding any party objection.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any waiver of rights under this Petition must be in a subsequent written order signed by the Court.
9.2 Assignment. Support obligations may not be assigned except as provided by law (e.g., to local child-support agency).
9.3 Severability. If any provision is declared unenforceable, the remainder shall remain in full force, and the Court shall reform the provision to the minimum extent necessary.
9.4 Integration. This Petition, its exhibits, and any Judicial Council forms filed concurrently constitute the entire request for relief and supersede all prior oral or written requests regarding modification.
9.5 Counterparts & Electronic Signatures. This document may be executed in counterparts and by electronic signature, each of which is deemed an original.
10. EXECUTION BLOCK
Executed on [DATE] at [CITY], California.
text
______ ____
[PETITIONER NAME] [RESPONDENT NAME] (If Stipulating)
Petitioner Respondent
[// GUIDANCE: A verification under penalty of perjury (CCP § 2015.5) is required for factual pleadings. Insert notarization only if local rule demands.]
VERIFICATION
I, [PETITIONER NAME], am the Petitioner in the above-entitled action. I have read the foregoing Verified Petition for Modification of Child Support and know the contents thereof. The same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [DATE] at [CITY], California.
text
[PETITIONER NAME]
EXHIBIT A
(Guideline Child-Support Calculation – “DissoMaster” or equivalent printout)
EXHIBIT B
(Declaration of Changed Circumstances & Supporting Documents)
[// GUIDANCE: Attach FL-150, most recent tax return, proof of health-insurance premiums, childcare invoices, etc.]
STATUTORY REFERENCES (Bluebook format)
1. Cal. Fam. Code § 3651 (West 2023) – Modification of child support.
2. Cal. Fam. Code § 4055 (West 2023) – Statewide uniform guideline formula.
3. Cal. Fam. Code § 5230 (West 2023) – Earnings assignment order.
[// GUIDANCE: Review local form packets, mandatory settlement-conference rules, and filing fees before submission.]