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July 2014 Archives

How Can Child Support Be Made Non-Modifiable?

If I agree to pay for college in the good times, years later when that even actually happens can that order be modified?  This very question came up in a new case, Drescher v. Gross (2014) 225 Cal.App.4th 478. In this case, both husband and wife were practicing lawyers when they divorced in 2001, both earning six-figure incomes. In their Marital Settlement Agreement they agreed, among other things, that they would split the costs associated with the attendance at undergraduate California state colleges or universities (with some predictable requirements about reasonable matriculation, etc.). This provision was found as a sub-section to the "Support" section of their agreement, unfortunately in a portion of that section that contained no instruction as to whether or not its terms were modifiable. 

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