In many divorce actions in which parents have joint custody, the courts will deem it necessary to order one parent to pay the other support. As child support obligations are largely income-based, in cases in which a parent’s income fluctuates, it may be difficult to determine an appropriate amount, and the support order may need to be adjusted over time. As discussed in a recent California ruling, the court that issues a support order will generally retain the authority to modify the order as long as it is in effect. If you have questions about child support, it is in your best interest to speak to a Bay Area child support attorney as soon as possible.
The Factual and Procedural History of the Case
It is reported that the parties were briefly married before separating and divorcing; they had one child during their marriage. In the judgment of dissolution, the court ordered the father to pay child support. In 2015, the mother requested a modification, claiming the father had misstated his finances. After a 2017 trial, the court reduced the father’s support obligation and ordered him to make annual Ostler-Smith payments.
Allegedly, in 2019, the father requested a determination of arrears, claiming he overpaid support since 2015. At a hearing, the court assured the mother she could conduct discovery on the Ostler-Smith calculations and present evidence at a future hearing, as the court retained jurisdiction over that issue. Nevertheless, the mother served discovery requests seeking the father’s financial records. The father opposed producing the documents. Continue Reading ›