Does the contention that the provision that the payment of child support was to be subject to the approval of the court establish that the payments were not alimony?

California, United States of America


The following excerpt is from Anderson v. Mart, 303 P.2d 539, 47 Cal.2d 274 (Cal. 1956):

The contention that the provision that the payments were to be subject to the approval of the court establishes that [47 Cal.2d 281] they were alimony is likewise without merit. Thus the parties had expressly recognized that any agreement affecting the interests of their child was subject to the approval of the court, and since the monthly payments were to be made for the support of both plaintiff and the child, it was appropriate that a provision for court approval should be included. The fact that the parties recognized that they could not by their agreement control the court's power to make orders for the support of their child in no way conflicts with their clearly expressed intention that as between themselves their agreement should be final and conclusive. See, Puckett v. Puckett, 21 Cal.2d 833, 839, 842-843, 136 P.2d 1. That this was their understanding is further indicated by the fact that when a modification was desired by decedent and agreed to by plaintiff, it was negotiated pursuant to paragraph 19, which provided that the agreement could only be modified 'by a written agreement for that purpose.'

Other Questions


When a child support agreement is incorporated in the child support order, does the court have a duty to exercise its discretion over child support? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
How have courts interpreted section 43.1 of the Child Support Guidelines when determining whether a father has to support his unborn child? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
When a petition does not request child support in a case in which the court feels it should be ordered, what recourse does the court have? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
How does a court review an order granting or denying a modification of a child support order for abuse of the child? (California, United States of America)
What impact will the California Supreme Court have on child support payments? (California, United States of America)
What is the test for determining child support under the California Child Support Guidelines? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.