Modifying or Terminating Child Support Orders

Division 9, Part 1, Chapter 6, Article 1 of the Family Code deals with general provisions related to the modification, termination, or set aside of child support orders. Section 3650 defines the term “support order.”

Section 3651 states that a support order may be modified or terminated at any time as the court determines to be necessary. A child support order in the original proceeding may be modified in conformity with the statewide uniform guideline for child support to provide for the support of all of the children of the same parents who were named in the initial and supplemental pleadings, to consolidate arrearages and wage assignments for children of the parties, and to consolidate orders for support.

If a party to a support order is activated to United States military duty or National Guard service and deployed out of state, the servicemember may file and serve a notice of activation of military service and request to modify a support order, in lieu of a notice of motion or order to show cause, by informing the court and the other party of the request to modify the support order based on the change in circumstance. 

Section 3652 provides that an order modifying, terminating, or setting aside a support order may include an award of attorney’s fees and court costs to the prevailing party.

Section 3653 states that an order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, or to any subsequent date.

If an order modifying or terminating a support order is entered due to the unemployment of either the support obligor or the support obligee, the order must be made retroactive to the later of the date of the service on the opposing party of the notice of motion or order to show cause to modify or terminate or the date of unemployment, unless the court finds good cause not to make the order retroactive and states its reasons on the record.

If an order modifying or terminating a support order is entered due to a change in income resulting from the activation to United States military service or National Guard duty and deployment out of state for either the support obligor or the support obligee, the order must be made retroactive to the later of the date of the service on the opposing party of the notice of activation, notice of motion, order to show cause to modify or terminate, or the date of activation, unless the court finds good cause not to make the order retroactive and states its reasons on the record. The term “good cause” is defined. In determining whether to order a repayment, and in establishing the terms of repayment, the court is required to consider four specified factors.

Section 3654 states that, at the request of either party, an order modifying, terminating, or setting aside a support order is required to include a statement of decision.