Riverside, CA asked in Child Support for California

Q: If ex and I agree to an amount of child support less than the guideline support can it get modified in future

If ex and I agree to an amount of child support money less than the guideline support that the court would issue can this agreement ever be modified or cancelled if we both agree and sign and file the document with the courts. Can she ever ask me for more child support in the future? What reasons could she ask for more child support?

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2 Lawyer Answers

A: Yes, cild support can be modified regardless of your agreement.

James L. Arrasmith
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Answered

A: Yes, child support agreements can always be modified in California, even if both parents previously agreed to a lower amount than the guideline. The court maintains continuing jurisdiction over child support matters until the child reaches adulthood, and any agreement you make now can be changed later if circumstances warrant it.

Your ex could request a modification based on several factors, including changes in either parent's income, changes in timeshare arrangements, job loss, increased childcare costs, or significant changes in the child's needs (such as new medical expenses or educational requirements). The court's primary concern is always the best interest of the child, and they have the authority to adjust support amounts regardless of any previous agreements between parents.

To protect yourself, make sure any current agreement is properly documented and filed with the court, clearly stating the reasons for deviating from guideline support. While having a formal agreement helps establish your current obligations, understand that it cannot permanently prevent future modifications - this is because California law recognizes that circumstances change over time and children's needs may evolve. If your ex does request a modification in the future, you'll have the opportunity to present your case to the court about why the current amount should or shouldn't be changed.

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