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


The following excerpt is from Osborn v. Musalman (In re Osborn), D065329 (Cal. App. 2015):

" 'We observe, however, that the trial court has "a duty to exercise an informed and considered discretion with respect to the [parent's child] support obligation . . . ." [Citation.] Furthermore, "in reviewing child support orders we must also recognize that determination of a child support obligation is a highly regulated area of the law, and the only discretion a trial court possesses is the discretion provided by statute or rule . . . ." [Citation.] In short, the trial court's discretion is not so broad that it "may ignore or contravene the purposes of the law regarding . . . child support. . . ." [Citation.]' " (In re Marriage of Pearlstein (2006) 137 Cal.App.4th 1361, 1371-1372.) When a child support agreement is incorporated in a child support order, the obligation created is deemed court-imposed rather than contractual. (Armstrong v. Armstrong (1976) 15 Cal.3d 942, 947.)

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