Legal Question in Family Law in California

Doctrine of Res Judicata

My attorney told me that the Doctrine of Res Judicata does not apply to child custody, child support, or spousal support. Why? I have a MSA done and completed and a marrital divorce decree signed and dated by the judge in Jan 1999. It states that spousal support is agreed to and binding. Is that incorrect? My ex-husband is bringing me to court for an evidenciary hearing on spousal support. Also, I did discovery and found that he mistated his income on his I & E that was used in the MSA by approximately $25,000. He also did not put down mortgage interest on his I & E, yet in his 1998 taxes he has a claim of $17.833.00 for mortgage interest. Can I go after child support arrearages for these mistatements on his I & E?


Asked on 5/08/00, 10:05 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Doctrine of Res Judicata

Child support is always subject to modification based upon a change of circumstances. It cannot be made non-modifiable. Same for custody and visitation.

Spousal support can only be made non-modifiable if so stipulated by the parties.

Property division is subject to res judicata.

It is possible, but somewhat unlikely, that the court will revisit the old support orders based upon your ex's undisclosed income. If it is considered extrinsic fraud, the court would have the power to go back. See In re Marriage of Economou (I think number II).

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Answered on 6/22/00, 11:20 am


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