Modification of Child Support

Frequently, parents stipulate to an amount of child support. Stipulated orders are as enforceable as orders made after a full hearing (Family Code §3585), but, are, of course, subject to the court’s approval (Family Code §4065). A child support order that provides for support below (or above) the guideline amount is modifiable at any time without the need for the moving party to establish a change in circumstances (Family Code §4065(c)); Singer v Singer (1970, 2nd Dist), 7 Cal.App.3d 807, 87 Cal.Rptr. 42). A child support order may also be modified without showing changed circumstances if the original order was made without any findings of fact having been memorialized (In re Marriage of Catalano (1988, 1st Dist) 204 Cal.App.3d 543, 251 Cal.Rptr. 370; In re: Marriage of Thomas (1981, 4th Dist) 120 Cal.App.3d 33, 173 Cal.Rptr. 844).


Copyright © 1999 Roy A. Barry, all rights reserved.