Either parent may file a petition or motion to modify a child support order—upward or downward—but usually only when there is a substantial change in the child’s needs, or in one or both of the parents’ incomes or net resources, that justifies the court revisiting and possibly modifying the earlier child support order.
The petition or motion to modify child support generally must be filed in the same court that issued the original or most recent child support order. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition or motion to modify a child support order.
In California, either parent has the right to request a modification of a child support order if there has been a significant change in circumstances. This could include changes in either parent's income, changes in the child's needs, or other factors that would affect the child support calculation. The request for modification, typically filed as a petition or motion, should be submitted to the court that originally issued the child support order. However, if the child has since moved to a different county or state, the request may need to be filed in the jurisdiction where the child currently resides. The court will then review the petition and determine whether a modification of the child support order is warranted based on the evidence presented.