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


The following excerpt is from Marriage of Lippel, In re, 276 Cal.Rptr. 290, 51 Cal.3d 1160, 801 P.2d 1041 (Cal. 1990):

When a petition does not request child support in a case in which the court feels it should be ordered, or when the court desires additional information about the parties' financial situation, the court has sufficient leverage to ensure that these matters are put at issue. For example, the court can direct the petitioner to file a motion to modify the judgment to provide for child support. (Civ.Code, 4700.) The court can also withhold judgment and order the petitioner to amend the petition to seek support and to serve the amended petition on the respondent. (Greenup v. Rodman, supra, 42 Cal.3d at P. 830, 231 Cal.Rptr.

Page 297

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