David Ryan Monarch’s Answers

David Ryan Monarch

Aliso Viejo Divorce / Separation Lawyer.

Contributor Level 2
  1. Can I adjust my child support after signing a stipulation in court agreeing to a certain amount?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. David Ryan Monarch
    3. Morghan L Richardson
    3 lawyer answers

    You should immediately file a Request for Order to modify the child support order and preserve a retroactivity date. You will have to show some change of circumstance between the date you signed the Stipulation until now. Unlike a change of custody, it is not a substantial change of circumstance...it can be ANY change of cirmcumstance. The 2013 state and federal tax increases might be able to suffice.

    3 lawyers agreed with this answer

  2. Family Code section 7501 Applies to what scenario? In move away/ child relocation cases. Child custody.

    Answered over 1 year ago.

    1. David Ryan Monarch
    1 lawyer answer

    Yes. It would be treated the same way as it would in an initual custody dispute. A move-away contest between parents that arises at an initial custody adjudication is governed by the same standards and analysis applicable to any custody dispute. The court has broad discretion, and is to look at all the circumstances bearing on the best interest of the child. This includes the mandatory factors set forth in Family Code section 3011. Marriage of Burgess (1996) 13 C4th 25, 31-32....

    1 person marked this answer as helpful