California Family Code Service of Process Modification Requests

Alter My Order

A change in a court order is called a modification. Either parent can asking that the Stanislaus Canton Department of Kid Support Services (SCDCSS) review his or her child support case for modification. By and large, a modification must be based upon a "substantial change of circumstances" since the last club was made by the courtroom.

Examples of a modify in circumstances include:

A modify in primary custody (who the child lives with most of the time)
A significant change in visitation regarding the supported kid
A significant alter in the income of either parent
Incarceration of the Person Paying Support (PPS)
The PPS starts receiving Full general Relief (GR), Supplemental Security Income (SSI), or Veteran's Benefits
Military deployment (see Military for more than data)

When a Person Receiving Support (PRS) or Person Paying Back up (PPS) requests modification, SCDCSS sends a modification packet to both parents requesting information about each parent's financial status and various other factors that affect child support. SCDCSS will make up one's mind if asking the court for a modification is advisable based on the financial and other information provided.

If a modification is appropriate, both parties will exist informed of the decision. SCDCSS will file the necessary papers with the court to prepare a courtroom hearing unless the parties can concord to the support corporeality ahead of time. If an agreement is reached, a stipulation must be filed with the court. When the judicial officer signs the form, it becomes a court guild. If an agreement is not reached ahead of time, the case will become to court and the judicial officer will decide the amount of support. At the court hearing, the amount of the kid back up gild may be either increased or decreased, or the judge may deny the motion to modify. Parents as well take the choice of requesting a modification directly from the court. For more information about filing your ain request for modification, contact the Office of the Family unit Police force Facilitator.

Of import: Until an order for child back up is modified, the PPS is required to pay the child support amount in the existing society. Contact Us if there is a change in circumstances.

How do I asking a modification review?

Yous may submit a request online. Quick and easy interactive web-based process that guides you through the process of preparing your asking and electronically submits the forms needed in club to carry a modification review. By using the online request process, you tin can be kept informed on the condition of your request.
When requesting a modification of your existing club, yous must consummate an Income & Expense Declaration. Here is the link to the class, Income & Expense Annunciation. Y'all will demand to complete, print this certificate and mail. Once completed, send the signed, completed awarding and all forms (including Income & Expense Declaration) to:
Stanislaus Canton Child Support Services Department
P.O. Box 4189
Modesto, CA 95352-4189
You may call our Customer Contact Center at (866) 901-3212.
Or you may asking a modification review in person at our part.

How long does it accept to modify my club?

The review and modification should be completed within six months; however, this may vary according to courtroom scheduling.

The other parent and I want to agree to a child back up amount. What do nosotros exercise?

If both parties want to agree to a child support corporeality contact usa at (866) 901-3212 to review to maybe complete a stipulation to modify the order.

What do I need to plough in to modify my order?

Income & Expense Proclamation and:
Whatsoever supporting documentation such equally but not express to:
- Proof of income
- Custody & visitation orders
- Child care verification course
- Visitation verification class
- Whatever other documentation of change of circumstance

I accept an upcoming court hearing, now what?

Run into Going to Court for information on courtroom hearings and what to expect.

When does the new amount become into effect?

Your new support obligation and the appointment information technology starts will be stated in the gild. Sometimes your new support amount begin on the first of the month later on the date the motion was filed with the courtroom.

Do I need an attorney to stand for me?

You are not required to have an chaser for this process but y'all always take the right to hire private counsel.

Going to Court

In Stanislaus County, the Section of Child Back up Services (DCSS) hearings are held in Section fifteen of the Stanislaus County Superior Court located at 800 11th Street, in Modesto, California. Police force and motility calendars start at viii:xxx am or 1:30 pm. Please be on time. If you are not in the courtroom on time, your case could be resolved without input, or your hearing could exist cancelled.

Attorneys from DCSS announced in the public interest just do not represent either parent or the kid. There is no attorney-client relationship with either parent or with the kid per Family Lawmaking §17406. Most parties are not represented by an attorney, nevertheless, parties are welcome to detect their own attorneys to represent them fifty-fifty if they have a instance with DCSS. If y'all do obtain an attorney to represent y'all for child back up, delight allow us know.

In court, the Kid Support Services attorney will oftentimes present factors agreed upon by the parties and frame the contested bug for the Courtroom at the hearing. The parents or their attorneys can supplement those issues as needed. This process often reduces the time required for a hearing past focusing on only the contested issues. Each side is then allowed to produce evidence regarding their positions. The Court Commissioner may ask questions to obtain additional information needed. Nigh hearings are usually short, under fifteen minutes.

Location & Hours

800 11th Street
Modesto, CA 95354
Department 15

Monday-Th
viii:30 a.m. - 12:00 p.m.
one:30 p.m. – iv:00 p.m.
CLOSED Fridays

Who can come with me?

Typically, you may bring anyone you wish to the hearing with you*, all the same, minors volition non be permitted in the courtroom. If yous are unable to find childcare, and bringing a modest with you is necessary for you to nourish, you may be asked to sit with them in the hallway until your case is called.

Spouses, meaning others, friends, family members, etc. will not be immune to accompany yous while beingness interviewed by a child support attorney or kid support officer. They are welcome to sit with y'all in the audience, only due to confidentiality, are not permitted to have access to information regarding a child support case.

* Due to COVID-19, the number of persons entering the courthouse must be limited in order to meet social distancing requirements per public health guidelines. Please read the Public Find, effective as of June 1, 2020.

Where practise I go one time I arrive the courthouse?

Child support hearings are held in Section 15, located on the showtime floor of the courthouse. Please run into map below.

What fourth dimension should I arrive and how long will I be in that location?

Roll call in Department fifteen begins at 8:xxx am and 1:xxx pm each 24-hour interval, Monday-Th. Please allow yourself plenty fourth dimension to park and be screened by security before your hearing begins. If you are running late, exist certain to cheque in with the bailiff or court clerk upon your arrival to the courtroom.

While court sessions brainstorm at 8:xxx am and one:30 pm, this does not mean that is when your hearing volition have place. Please be prepared to stay for multiple hours. If yous accept questions regarding your hearing, you may reach out to your child support instance manager, or call 1 (866) 901-3212.

What should I bring to court?

In court, a new Guideline Calculation will be ran. In order to get the near accurate representation of your current circumstances, please bring: updated paystubs, Disability or Unemployment Benefit data, copy of current taxes (if self-employed or requested), a Kid Custody order (if applicable), completed Income and Expense Declaration (if not previously returned to DCSS), receipts for childcare expenses (if applicative), and any other documentation requested by DCSS or the court. *

* On June 22, 2020, the Courtroom adopted Emergency Rule ER-i.02, which requires all persons entering a court facility to wear a confront covering. The rule applies to all courthouses in the county and is constructive immediately. Anyone who is unable to clothing a mask can request an accommodation past submitting a Asking for Accommodation course (MC-410) to the Courtroom'due south ADA Coordinator. More than information most the ADA procedure is located at https://world wide web.stanct.org/ada-information. Emergency Rule one.02 is set along here [https://stanct.org/node/4118725]

I live far abroad. What if I can't nourish a hearing? Tin can I appear by telephone?

Parties who are unable to physically attend a hearing may request to appear telephonically. Upon request, the court, in its discretion, may let a telephone appearance in any hearing or conference related to an action for kid support. Requests must be fabricated 12 court calendar days prior to your hearing.

Exceptions – a telephone advent is non permitted for whatever of the post-obit:

Contested trials, antipathy hearings, orders of examination, and any matters in which the party or witness has been subpoenaed to appear in person
Whatsoever hearing or conference for which the courtroom, in its discretion on a case-by-example basis, decides that a personal appearance would materially help in a determination of the proceeding of in resolution of the case
Cases in which the identity of the person appearing by telephone is in question or cannot exist verified

Telephonic Hearing Asking Form

Can I change the date of my hearing?

Hearings are not rescheduled, however y'all may asking a continuance. If a continuance is needed, you will need to contact DCSS prior to the hearing appointment and provide reason you are unable to nourish, as well every bit, desired continuance date. At that place is no guarantee that the gauge volition grant a continuance, and the court may decide to proceed without you. If you lot have requested a continuance, you lot will need to call the court at (209) 530-3100 on the morning time of your hearing, and advise that you will not be in attendance.

Is at that place childcare available?

Child intendance is not bachelor through Stanislaus Canton Courts. Delight adjust to have childcare for the day of your hearing. If child care is not available, you will be able to sit with the children in the hallway. Withal, minors are not permitted in the courtroom.

What happens after courtroom?

Later on the completion of your hearing yous will receive a copy of your new kid support society. Once you have received this copy you may leave.

If a new kid support obligation was ordered, the new order will be sent to Stanislaus County Department of Child Support Services (SCDCSS). The billing corporeality volition be updated in the SCDCSS system and a new Income Withholding Order will upshot. This process can take up to 45 days before the get-go payment is received. It is the responsibility of the person ordered to pay support to brand payments. Payments tin can be made online, by phone, in person, and through money gram or money guild.

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Source: http://www.stancodcss.org/court/