There is a very clear rule in our family law that parties are not supposed to deviate from Court order without Court permission. For example, this rule means that parties are not supposed to change the amount of child support on their own. If a person pays less support than the court ordered, they do so at their risk. But, as with everything, the Courts have the right to deviate from this rule where fairness requires. In the recent case of Roberts v. Roberts, NO. 2011-CA-01147-COA (3/19/13) the Court approved a fifty percent reduction in support where the child went to live with the father, and the mother admitted she had agreed to allow the reduction. The Court of Appeals affirmed the decision, stating that they encouraged post-divorce “ detente” where the parents made adjustments without burdening the courts. On the one hand, decisions like Roberts make it hard to tell what the law is, but it is also good to know that the courts are willing to make adjustments in their principles when they deem justice to require it.
IF YOU HAVE CHANGED A CHILD SUPPORT ORDER ON YOUR OWN, YOU MAY GET RELIEF, BUT DON’T RISK IT.
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By
Chinn & Associates
There is a very clear rule in our family law that parties are not supposed to deviate from Court order without Court permission. For example, this rule means that parties are not supposed to change the amount of child support on their own. If a person pays less support than the court ordered, they do so at their risk. But, as with everything, the Courts have the right to deviate from this rule where fairness requires. In the recent case of Roberts v. Roberts, NO. 2011-CA-01147-COA (3/19/13) the Court approved a fifty percent reduction in support where the child went to live with the father, and the mother admitted she had agreed to allow the reduction. The Court of Appeals affirmed the decision, stating that they encouraged post-divorce “ detente” where the parents made adjustments without burdening the courts. On the one hand, decisions like Roberts make it hard to tell what the law is, but it is also good to know that the courts are willing to make adjustments in their principles when they deem justice to require it.
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