How to Modify Your Child Support or Spousal Support Payments in California: The Basics
As a general rule, courts will not revise a child support order unless there has been a “material change of circumstances.” This rule applies to any form of child support order—i.e.,whether pendente lite or “permanent.” Marriage of Stanton (2010) 190 CA4th 547, 553.
The reason for this is that once a court has issued a child support order or spousal support order they are assumed to have considered all the facts up to that point. It would be res judicata to litigate facts already determined by the court.
Marriage of Williams (2007) 150 CA4th 1221, 1234 states that the equivalent to “material change of circumstances” is needed for purposes of child support modification.
Absent a change of circumstances, a modification motion would be “nothing more than an impermissible collateral attack on a prior final child support, spousal support or child custody order.” Marriage of Stanton, 190 CA4th 554.
The reason for this is that once a court has issued a child support order or spousal support order they are assumed to have considered all the facts up to that point. It would be res judicata to litigate facts already determined by the court.
Marriage of Williams (2007) 150 CA4th 1221, 1234 states that the equivalent to “material change of circumstances” is needed for purposes of child support modification.
Absent a change of circumstances, a modification motion would be “nothing more than an impermissible collateral attack on a prior final child support, spousal support or child custody order.” Marriage of Stanton, 190 CA4th 554.
