Can I ask for Child Support If It Was Not Ordered In My Judgment

By | October 27, 2012

If you have a divorce judgment that did not order child support for your children, you can still ask for support after your divorce so long as your children are still of an age eligible to receive support and, of course, depending on the relative timeshares and incomes of the parties. Just because your judgment has no child support provision (it was probably an order set at “zero” or perhaps child support was simply “reserved”) does not mean you cannot ask for it later if circumstances warrant support being paid. The Court always has jurisdiction to award child support after a divorce so long as the child is of eligible age. Occasionally people who write their own judgments will put in a waiver of child support, but such a waiver is not valid and even if your judgment has such a waiver, the Court will not recognize it, as it is against public policy. This right to support is for the benefit of the child (even though a parent gets the money), and the State of California has what is called a state’s interest in a child’s receiving support. (The state has its own interest, too, in not doling out welfare to parents of children who might avoid the welfare lines by getting support.) So the state, in fulfilling its own interests will not allow a waiver of child support. As always, if you and the other parent are able to communicate on this issue and come to an agreement, it is quite simple to draft a stipulation to modify support and enter it with the court as the new order. It can save both parties a lot of time and expense if you can agree and draft a stipulation.

We provide services to assist you in writing up a legal agreement that the court will accept. If you need help in drafting a stipulation to modify child support, please call us today at 714-900-3627 or use our convenient contact form.