How does a court review a request for modification of a child support order?

California, United States of America


The following excerpt is from In re Marriage of Palacio, E044738 (Cal. App. 4/6/2009), E044738. (Cal. App. 2009):

An order granting or denying a request for modification of a child support order is reviewed for abuse of discretion. (Brothers v. Kern (2007) 154 Cal.App.4th 126, 133.) Here, mother sought enforcement rather than modification of the support order. Although the basic determination of child support is regulated by statutory guidelines, the court does have some discretion in setting reasonable amounts for child support. (Cf. In re Marriage of de Guigne (2002) 97 Cal.App.4th 1353, 1359.)

"The trial court's exercise of its discretion must be `informed and considered' [citations], and the trial court may not `ignore or contravene the purposes of the law' [citation]." (Plumas County Child Support Services v. Rodriguez (2008) 161 Cal.App.4th 1021, 1026.)

The court's factual findings are reviewed for substantial evidence. (In re Marriage of Drake (1997) 53 Cal.App.4th 1139, 1151.) The interpretation of statutes is, however, a matter for the reviewing court. "[W]hen a trial court's ruling turns on the interpretation of a statute, the issue is one of law, subject to the independent review of the appellate court. [Citation.]" (County of Yuba v. Savedra (2000) 78 Cal.App.4th 1311, 1316.)

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