SDSC FLF-007(New 08/09) ATTACHED DECLARATION IN SUPPORT OF Page 1 of 3
Cal. Form FLF-007
California Superior Local Rules
SDSC FLF-007(New 08/09) ATTACHED DECLARATION IN SUPPORT OF MODIFICATION OF CHILD SUPPORT
SHORT TITLE CASE NUMBER ATTACHED DECLARATION IN SUPPORT OF MODIFICATION OF CHILD SUPPORT 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 hearing. I am receiving unemployment benefits and ask that the court base my child support on my unemployment benefits.
I am not eligible for unemployment benefits and I ask that the court reduce my child support to zero until I find employment. 2. 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 $ . This is a decrease in my gross monthly earnings of $ from the time of the last order.
I tried to find work at my previous rate of pay but was unable to. b. I am still employed at the same place I was when the 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 . 3. 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 and not in high school attaining the age married in the military judicial decree. I request support for that child be terminated. SDSC FLF-007(New 08/09) ATTACHED DECLARATION IN SUPPORT OF MODIFICATION OF CHILD SUPPORT
SHORT TITLE 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 benefits from the state government federal government private insurance Other . I expect to start receiving benefits on or about in the sum of $ monthly.
Until I start to receive these benefits, I ask that the court 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 receive monthly is $ . From this disability income the sum of $ is deducted for child support every month. I ask that child sup port be suspended and/or reduced during the period of my disability.
I request any derivative benefits due my child(ren) from social security as a result of my disability be offset against my child support order entered, pursuant to Fam. Code § 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. 5.
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. 6. 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 (Fam. Code § 4071(a)(2)).
I provide support for the following or adopted minor children who reside in my home: . 2. Extraordinary health expenses and uninsured catastrophic losses (Fam. Code § 4071(a)(1)): . b. Low income adjustment – I request the court order a low income adjustment in this case because I net less than $1000 per month, taking into consideration all allowable deductions and hardships. c. Court discretion – I request the court use its discretion and deviate from the guideline amount because application of the guideline formula would be unjust or inappr opriate due to the special circumstances in my case.
The facts supporting the special circumstances in my case are: . SDSC FLF-007(New 08/09) ATTACHED DECLARATION IN SUPPORT OF MODIFICATION OF CHILD SUPPORT
SHORT TITLE CASE NUMBER 7. Recent release from incarceration and decrease in earnings and/or current unemployment I was released from incarceration on . I was incarcerated from to . I am currently unemployed as a result of my incarceration and am actively looking for work. A list of my job contacts is attached or will be provided at the hearing. I have no current income. I am asking the court to reduce my child support to zero until I find employment. I am willing to return to court for review hearings as necessary. I am in a recovery program called and have been there since . The program requirements are .
I am not allowed to work for the first weeks/months. Thereafter I can work as follows: . I have attached verification of my enrollment and participation in this program. I am asking the court to reduce my child support to zero until I find employment. I am willing to return to court for review hearings as necessary. 8. Other change of circumstance: 9. I request child support be modified and set at zero for any full calendar months in which the parent ordered to pay support is incarcerated or receiving SSI, and has no other assets or income.
For all other periods, I request current support remain in effect until modified by court order. 10. Other information I want the court to know concerning child support in my case that supports my request as set forth above: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Type or Print Name Signature of Declarant