CHILD SUPPORT
Fathers and mothers in a child support case can agree, or stipulate, to a certain amount of child support payments, or they can have the court determine the amount of child support payments each party should contribute. A court will use formulas and guidelines based off the financial information given to the court by the parties to determine what each party should contribute.
If the parties agree to an amount lower (or higher) than the guideline amount the court would have supplied, they must stick to those figures unless a party can show there is a “change in circumstances” that would warrant a modification of the child support order previously agreed to.
With certain exceptions recognized by California law, the trial court may modify or terminate a child support order at any time the court deems it necessary, but otherwise the parties must prove to the court their change in financial situation.
In the case of In re Marriage of Williams, because a husband and wife did not disclose their income and assets to the court and because the court did not determine whether the amount that the husband and wife agreed to was too much or too little for what they made, the amount the husband and wife agreed to was the final amount that should have been ordered in the case. Therefore, if one of the parties wanted to change that amount (either requiring more from the other parent or wanting to pay less to the other parent), they are required to show that there was a “change in circumstances” in their financial situation.
Why It’s Important to Hire A Lawyer On Your Child Support Case
Since it is very important to file correct information in a timely manner in a child support action, it is also important to have an experienced family law lawyer on your side who will represent you and be sure to give you the best advice as you navigate through a child custody/support case. The Law Offices of Michael S. Carrillo can represent you in a child support case effectively. Give us a call today for a free consultation so that we can discuss your case. Call us now at (626) 799-9375 or send an email to mike@mikecarrillo.com.
