The Family Code allows parents to make agreements pertaining to child support, but such agreements are always subject to the approval of the court. Generally, if the parents represent to the court that the agreement is in the best interest of the children and all of their economic needs will be met, the court will approve it. Once an agreement has been approved by the court, the agreement becomes an order of the court.
Under Family Code section 3651, “all [child] support orders, even those based upon agreement of the parties, are modifiable.” Under certain triggering circumstances, the court always has the power to modify a child support order, upward or downward, regardless of the parents’ agreement to the contrary. Further, parents may not agree to restrict the court’s jurisdiction over child support and any agreement that attempts to do so is void as against public policy. Specifically, children have the right to have the court hear and determine all matters that concern their welfare and they cannot be deprived of this right by any agreement of their parents.
If the parties to a stipulated agreement stipulate to a child support order below the amount established by the statewide uniform guideline, then no change in circumstances (no triggering event) need be demonstrated to obtain modification of the child support to the applicable guideline level or above (Fam.C. 4065). For example, if the parents agree that Mother/Father was to pay $500.00 a month in child support instead of the guideline amount of $800.00, the Father/Mother always has the right to change their mind and without any reason besides they have changed their mind, bring the matter back into court and request guideline child support be ordered.
The same is not true if the original agreed upon amount of child support is above the guideline child support amount. You might think that since one parent had generously agreed to pay more than guideline child support that they have the right to change their mind, but you would be mistaken. Under these circumstances, the parents cannot ‘renege’ on the stipulation without ‘grounds.’
Now in order to change the above guideline stipulated child support amount, a parent must show that there has been a change of circumstance affecting financial status since the stipulated order was made. Generally, the change in circumstance needs to be significant, like a job loss, serious accident, catastrophic illness, or a flagging economy. In such a situation, the courts recognize that it would not be in a child’s best interest to continue to force a parent to pay above guideline child support such that now the parent must go into a level of debt he or she has no ability to pay.
Clearly this is complicated law and while we hope this gives you a basic understanding of a parent’s right to modify a stipulated child support order, we believe that such complicated law requires the assistance of an experienced Los Angeles child support attorney. If you or a loved one needs help with a dissolution matter or any type of family law matter, call Wallin & Klarich today. Wallin & Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days a week, 24 hours a day! Wallin & Klarich has been in the business of helping people for over thirty years and we would like to help you, please call 714-730-5300.
