Legal Question in Family Law in California
I am reviewing the proposed Order After Hearing in a child custody move-away case (my son's mother moved 3,000 miles away with my son). The order deals only with the new custody order, which is acceptable under the circumstances. However, the last line reads: "All prior orders shall remain in full force and effect unless otherwise modified herein." I do not agree with the prior orders pertaining to child support, given the move-away. My travel expenses for visitation far exceed what I used to pay in child support, I'm broke, and I've stopped paying support for this reason. I suppose the question is whether I am expected to re-contract to prior orders here or whether that's something my ex's lawyer is trying to slip into the draft of the orders and hoping I'll sign.
thanks,
christian
2 Answers from Attorneys
The line you are asking about is absolutely standard and normal. If you did not ask for a support modification and get one ordered in the proceeding that recently completed, the prior orders remain in effect, technically whether or not that line is included. It just keeps the courts records clear that the court did not modify any other orders. If you want support modified, and you didn't ask for it before and have it denied, then you need to file your own motion.
Was there a hearing or is opposing counsel trying to you to stip to a change in custody? Did you raise the issue of change in support in your papers or at the hearing? Has the time share of custody changed from the prior orders? You need to raise the support issues before you sign off. What did you judge say about support? Do you have a transcript of the hearing? Is the Order after Hearing in accord with what actually happened? Sometimes opposing side tries to slip new ideas in the order. Read it carefully.
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