Last updated: 4/12/2017
Declaration In Support Of Modification Of Child Support {L-1400}
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Description
PARTY WITHOUT ATTORNEY OR ATTORNEY (Name and Address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): JUSTICE CENTER: BAR NO.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE Central 700 Civic Center Drive West, Santa Ana, CA 92701-4045 Lamoreaux 341 The City Drive South, Orange, CA 92868-3205 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: DECLARATION IN SUPPORT OF MODIFICATION OF CHILD SUPPORT CASE NUMBER: I am requesting a modification of child support based upon the following change of circumstance since the last order for child support was entered: 1. Job loss and current unemployment I lost my job on: __________. I was: laid off terminated Other: ___________________________. I have been looking for work since I lost my job. A list of my job contacts is attached or will be provided at the I am receiving unemployment benefits and ask that the court base my child support on my unemployment hearing. I am not eligible for unemployment benefits and I ask that the court reduce my child support to zero until I benefits. find employment. Change of employment and decrease in earnings a. I am no longer working for the same employer as I was when the last order was made. I have not worked there since __________. The reason I am not working there is because ______________________________________. I currently work at ______________________________________. My occupation is _______________________. I earn $ _______ per hour and usually work ____ hours per week. My average gross monthly income is $_______. I tried to find This is a decrease in my gross monthly earnings of $ __________ from the time of the last order. work at my previous rate of pay but was unable to. b. I am still employed at the same place I was when the last order was made, but my earnings have decreased. I now earn $ __________ per hour and usually work _____ hours per week. This is a decrease in my gross monthly earnings of $ _____________. My earnings decreased because ________________________________________ ___________________________________________________________________________________________. Change in child custody and/or timeshare with children in this case a. I now have primary custody substantial increased timeshare with the children in this case. The children are now with me as follows: _____________________________________________________________________ ___________________________________________________________________________________________. Timeshare is estimated to be: _____% to me and _____% to the other parent. Timeshare was calculated by Family Court Services the court me. b. My child, ______________________________, is now emancipated as a result of attaining the age 18 and attaining the age 19 married in the military judicial decree. I request that support not in high school for that child be terminated. DECLARATION IN SUPPORT OF MODIFICATION OF CHILD SUPPORT Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 2. 3. Adopted for Optional Use L-1400 [New 02/17] PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: CASE NUMBER: 4. Disability and decrease in earnings and/or loss of income I am currently disabled. My disability began on _______________ and consists of the following medical/psychological problems: ___________________________________________________________________________________. I will be disabled until ________________ . I have attached a Verification of Disability from my treating doctor. (Select one) a. I do not receive disability benefits at this time but I have applied for benefits. I expect to receive disability state government federal government private insurance Other: ______________. benefits from the I expect to start receiving benefits on or about _______________ in the amount of $ __________ monthly. Until I start to receive these benefits, I ask the court to reduce my child support to zero. b. I do not expect to receive disability benefits in the future because: ___________________________________ ___________________________________________________________________________________________. I ask the court to reduce my child support to zero. c. I receive disability benefits from state government federal government private policy. The amount I From this disability income the sum of $ __________ is deducted for child receive monthly is $ __________. I support every month. I ask that child support be suspended and/or reduced during the period of my disability. request any derivative benefits due my children from Social Security as a result of my disability be offset against my child support order entered, pursuant to Family Code section 4504. d. I receive SSI/SSP benefits and have received SSI/SSP benefits since _______________. Thus, child support should be set at zero for so long as I continue to receive these benefits. Change in income or ability to earn of the other parent Since the last order for child support was made, the other parent: a. has become employed, earning $ __________ per hour, working __________ hours per week. b. has received an increase in earnings and now earns $ __________ per month. c. now has the ability to obtain employment and earn at least $ __________ per month. Financial hardship Since the last order was made, I have sustained the following financial hardship(s): a. Statutory hardship 1. Expenses of natural or adopted children in the home (FC § 4071(a)(2)). I provide support for the following natural or adopted minor children who reside in my home: __________________________________________. 2. Extraordinary health expenses and uninsured catastrophic losses (FC § 4071(a)(1)): ________________________________________________________________________________________. b. Low income adjustment - I request that the court order a low income adjustment in this case because I net less than $1,500 per month, taking into consideration all allowable deductions and hardships. c. Court discretion - I request that the court use its discretion and deviate from the guideline amount because application of the guideline formula would be unjust or inappropriate due to the special circumstances in my case. The facts supporting the special circumstances in my case are: _________________________________________ ___________________________________________________________________________________________. 5. 6. Adopted for Optional Use L-1400 [New 02/17] DECLARATION IN SUPPORT OF