Skip to main content

Can CA Dept of Child Support Services request to modify a brand new Child Support Order?

San Diego, CA |

Last month, my ex and I stipulated to a child custody/child support agreement at our court hearing. Judge signed the order and it is now in effect; custody order works out to 57% custody for me. However, the new support order is calculated on 50/50% custody with her wages imputed at $4k (ability to earn & amount she used on rent applications). If you calculated at 57% and her earning min. wage, it is the same $.
My ex decided she doesn't like the new order and wants more $. She can't go back to court b/c no change in circumstances. So, she opened a case with the Dept of Child Support Services asking them to review the order and modify it. They are currently reviewing it. Can they request a support modification on a brand new court order when there have been NO change in circumstances?

Attorney Answers 2

Posted

There are other extenuating circumstances that can be claimed to modify an order such as a material mistake of fact, fraud, undue influence, etc., but you are correct that generally there needs to be a change in circumstances before a modification will be granted. The fact that you and the ex came to an agreement suggests that you both made concessions of sorts in arriving at an overall resolution. T he fact that the court signed an order endorsing your agreement which is not perfectly correct on percentage of time (which presumably you both knew and nonetheless intended it be 50/50) is not ground, by itself, for the court to set aside your agreement and court's order thereon. Dept of Child support services does not have any sort elevated status in the case takes the case as is ----including with having a burden of proving changed circumsnces or some other legally exce ptable basis , there than she simply wants a "do over." I hope this was helpful and eases your concerns. Good Luck.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Thank you! We showed a bunch of doc showing ex's true income and they decided not to touch it because the Order was too new (and probably because they didn't want to get involved since the ex was lying about income).

Posted

I would point out to the court how much time you spend and file a request for a reduction.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

Mark as helpful

1 found this helpful

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics