Modification of Child Support and Change of Circumstances
The Sixth District of the California Court of Appeal recently issued this unpublished opinion regarding modification of child support.
Following the divorce of husband and wife, husband was ordered to pay $1200 per month in child support for the couple's two children. At the modification hearing on wife's subsequent OSC for $5,000 per month, wife testified that she was not employed, a change from her previous circumstance of part-time employment with imputed income of $1760. Husband testified that he now earned $6000 per month, had $40,000 from an inheritance and some money left from his $150,000 share of the value of the family home. Husband also argued that wife was not disclosing all of her assets.
The trial court found no change in circumstances regarding imputed income for the wife, but did increase the income attributable to husband. The court increased the child support order to just under $1500 per month and found that the wife had not fully disclosed her income and assets.
Wife appealed the order as it was far less than the $5000 she requested. The Appellate Court upheld the lower court ruling, declaring that a parent seeking a modification of a support order must show evidence of a change in circumstances and wife had not met this burden.
Case: Winter v. Dokonal
Court: Santa Clara County
NOT PUBLISHED
Following the divorce of husband and wife, husband was ordered to pay $1200 per month in child support for the couple's two children. At the modification hearing on wife's subsequent OSC for $5,000 per month, wife testified that she was not employed, a change from her previous circumstance of part-time employment with imputed income of $1760. Husband testified that he now earned $6000 per month, had $40,000 from an inheritance and some money left from his $150,000 share of the value of the family home. Husband also argued that wife was not disclosing all of her assets.
The trial court found no change in circumstances regarding imputed income for the wife, but did increase the income attributable to husband. The court increased the child support order to just under $1500 per month and found that the wife had not fully disclosed her income and assets.
Wife appealed the order as it was far less than the $5000 she requested. The Appellate Court upheld the lower court ruling, declaring that a parent seeking a modification of a support order must show evidence of a change in circumstances and wife had not met this burden.
Case: Winter v. Dokonal
Court: Santa Clara County
NOT PUBLISHED
Labels: change of circumstances, child support, divorce, imputed income
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