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Old 09-25-2006, 11:48 AM
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Question can I be taken back to court after order of no more child support signed??

My ex- husband now on his 3rd live in girlfriend in 4 months has our two children (girls 9 & 7) and the last time we went to court we both agreed and the judge signed off that once my arrears were paid in full, and they are that no future child support would be awarded, can he take me back to court and have this changed??
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Old 09-25-2006, 12:01 PM
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Quote:
Originally Posted by khitson
My ex- husband now on his 3rd live in girlfriend in 4 months has our two children (girls 9 & 7) and the last time we went to court we both agreed and the judge signed off that once my arrears were paid in full, and they are that no future child support would be awarded, can he take me back to court and have this changed??

Yes. Child Support is always within the jurisdiction of the court to modify until all children attain the age of majority.
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Old 09-25-2006, 12:18 PM
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Originally Posted by Westside Law
Yes. Child Support is always within the jurisdiction of the court to modify until all children attain the age of majority.
Well I am still confussed because I have gotten a yes and a no from 2 lawyers.
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Old 09-25-2006, 01:31 PM
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Quote:
Originally Posted by khitson
Well I am still confussed because I have gotten a yes and a no from 2 lawyers.

Parents are free to agree between themselves who shall have primary child support responsibility. But their agreement cannot abridge the child's right to support from both parents or restrict the court's power to act on the child's behalf in support or custody/parentage proceedings. [Ca Fam §§ 3580, 3585, 7632; Marriage of Cheriton (2001) 92 Cal.App.4th 269, 294-295, 111 Cal.Rptr.2d 755, 774; Marriage of Lusby (1998) 64 Cal.App.4th 459, 469, 75 Cal.Rptr.2d 263, 267-268 (citing text); Marriage of Lambe & Meehan (1995) 37 Cal.App.4th 388, 391-393, 44 Cal.Rptr.2d 641, 642-643]

Agreements and stipulations compromising the parents' statutory child support obligation or purporting to restrict the family court's jurisdiction over child support are void as against public policy. [Marriage of Lusby, supra, 64 Cal.App.4th at 469, 75 Cal.Rptr.2d at 268 (citing text); see Marriage of LaBass & Munsee (1997) 56 Cal.App.4th 1331, 1341, 66 Cal.Rptr.2d 393, 399 (citing text); Marriage of Buzzanca (1998) 61 Cal.App.4th 1410, 1426, 72 Cal.Rptr.2d 280, 291 & fn. 17]

Nor can parents validly agree to any provision that would limit or impede the court's jurisdiction to resolve child support disputes and issue, modify or enforce child support orders. [See Ca Fam § 7632--agreement between mother and alleged father cannot bar UPA action to determine parentage and child support; County of Shasta v. Caruthers (1995) 31 Cal.App.4th 1838, 1849, 38 Cal.Rptr.2d 18, 25]

Parents cannot restrict the court's power to act on behalf of their children in support proceedings; and agreements "purporting to divest the family court of jurisdiction over child support orders are void as against public policy." [Marriage of Lusby (1998) 64 Cal.App.4th 459, 469, 75 Cal.Rptr.2d 263, 268 (quoting text) (emphasis in original); see Marriage of Lambe & Meehan (1995) 37 Cal.App.4th 388, 391-393, 44 Cal.Rptr.2d 641, 642-643--agreement purporting to abridge family court's jurisdiction over support order for adult indigent child void; Marriage of LaBass & Munsee (1997) 56 Cal.App.4th 1331, 1340-1341, 66 Cal.Rptr.2d 393, 399 (citing text)--MSA provision incorporated in judgment limiting to 2 years H's obligation to pay child support add-ons void; Marriage of Bereznak & Heminger (2003) 110 Cal.App.4th 1062, 1068-1070, 2 Cal.Rptr.3d 351, 356-357--stipulation to submit future child support disputes to binding arbitration void]

Even when based on the parents' agreement, all orders for the support of a child who is owed a statutory duty of support are deemed "law-imposed" and "may be modified or terminated at any time as the court determines to be necessary." [See Ca Fam §§ 3585, 3651]

Remember, child support is not the parents' "right" - - it is the CHILD'S right. Both parents are equally obligated to support their child. Ergo, the court has the absolute right, and responsibility, to modify and change ALL prior court orders.

I hope this abates and focuses your confusion. With the above, it should be crystal clear to you that "child support" is subject to modification at any time.
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Old 09-25-2006, 02:04 PM
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You're welcome.
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