Review and Modification of Existing Child Support Orders

Either parent may request a review for a modification of child support (up or down). The DCSS is required to review the case if it has not been reviewed for 12 months or if a new order has not been entered within the past 24 months. A significant change in circumstances, such as a change in custody or the noncustodial parent becoming employed if the current order was entered when he or she was unemployed, may also warrant a modification review. If appropriate, the DCSS must initiate modification proceedings which may result in an increase or a decrease of the support order.

A support order is based on the income of both the NP and the CP. If the custodial parent is receiving public assistance and has no other income, his or her income is zero. Public assistance benefits are not included in determining income.

In addition to income, the amount of visitation the NP has with the child(ren) is also taken into consideration in setting a support amount. Additional factors, such as support being paid for a child or children not of this relationship, cost of medical insurance for the child(ren) of this relationship, etc., are taken into consideration.

Both parties provide all the essential income information to the DCSS which then calculates the child support amount. If the CP is a recipient of public assistance, he or she has assigned the support rights to Sonoma County and the DCSS may establish or modify a support order without the consent of the CP.

If the DCSS is unable to come to an agreement with the NP (and/or the CP if the case is a nonwelfare case), then the issue must be referred to the court to determine the support amount and enter an order.

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