Legal Question in Family Law in Oregon
Need to understand stipulated order sentence.
I have a stipulated order from my ex. I need to understand one sentence before I can sign it. It says: ''The child support award will be reviewed twelve months from the date of this order and may be modified without either party having to plead or prove a change of circumstances.''
When it says ''may be modified without either party having to plead or prove a change of circumstances'' does that mean that he can automatically change it and I will be helpless to do anything about it?
If he tries to modify it next year, will I be able to fight it if I want? I just don't want him to be able to change the amount in a way that I cannot do anything about it.
Thank you.
1 Answer from Attorneys
Re: Need to understand stipulated order sentence.
"Stipulated Order" for what? Is this part
of a separation agreement or just custody or
just child support? The portion which says
"...w/o having to prove change of curcumstances.."
does away with the only basis for
modifying a child support award in NC, that is
a change in circumstances (of either/both)
parents which affects the minor child.
That basis keeps the parents from going back
to court each time somebody gets a raise or
somebody's boy/girlfriend dumps them, or voluntarily
quits a good job to move to Taos to be
an artist.Child support enforcement generally will not
try to get back into court in less than
three years to test for changed circumstances.
Check with your attorney to see whether
deleting that clause is a deal breaker.
The law allows the minor to collect and
seek to modify support until age 18
or high school graduation which ever
is later and no contract between the parents can
abrogate the child's right to support so
it is not crucial to the child's best interests.
It may only be important to a vengeful ex.
Good luck.