In re Marriage of Alter:
This is a recent case that emphasizes how important it is for you to consider reducing child support when your income goes down.
In this case the father had agreed to pay $4,000 per month child support and had agreed that the child support be non-modifiable. Specifically the parties had agreed that Father’s obligations to pay child support “shall be absolutely non-modifiable downward throughout the term that child support shall remain in effect.” However, for several reasons father’s income had dropped since agreeing to the $4,000 per month.
The court of appeals found that regardless of their prior agreement not to modify child support, that child support is modifiable at any time upon showing of a change of circumstances. This case emphasizes that the public policy in California is that child support be modifiable at any time, and that when circumstances change, the court is able to modify child support regardless of any agreement to the contrary. It would also apply to the reverse situation, if the recipient of child support lost their job or received a pay cut they could seek a child support increase.
The take home message is that if your economic circumstances change you need to see an attorney to re-visit the issue of child support. If you lose your job, if you get a pay cut, if your business is not doing very well, NOW is the time to ask the court for a modification of child support. If you don’t take action your old child support order will continue and you will build up child support arrears. That’s why its important to call the attorneys at Dishon & Block as soon as you lose your job or get a pay cut or are having financial problems. In many cases we can get your child support reduced and or even eliminated until you obtain new employment and are back on your feet. The worst thing you can do is do nothing, or agree on an informal “verbal agreement”.
Verbal agreements to reduce support are worthless. Verbal agreements to reduce support will not be upheld in court and you will end up owing a lot of back-due support as well as interest when the other parent goes back on your verbal agreement. Child support continues to accrue until and unless you have a court order to modify the support. Its important that the agreement be prepared correctly and filed with the court as a court order, otherwise you have no protection.
If you are facing loss of employment, employment, reduced income, job loss, YOU NEED to take action today and see us to reduce your child support.
Citation: In re Marriage of Alter (PDF, opens in new window)