Sunday, November 23, 2008

Child Support and Stipulated Judgments

In order to modify a child support agreement, the mover has the burden of proving a material change in circumstances. In a recent Louisiana case, the court denied the mover's request for an increase in child support based upon an increase in medical expenses, daycare costs, and an increase in income of the payor. The parties had previously entered into a stipulated or consent judgment regarding the amount of child support to be paid without providing any information as to how the original child support amount was reached nor stating what the income of the parties was at the time they entered into the consent judgment. The court denied the mover's request for an increase in child support based upon the fact that the mover could not prove a material change in circumstances in relation to the prior judgment.

1 comment:

Paul Raeburn said...

I don't know of any state that has done a reasonable job of trying to estimate how much child support is enough, or how much is too much. See my post on the Massachusetts case:

http://blogs.psychologytoday.com/blog/about-fathers/200901/child-support-how-much-is-too-much