Legal Question in Family Law in California
Crossed out verbage
A modification of my child support payments was done in March of 2002. In the stipulation it say's that the respondent shall pay petitionor child support of $1,150 per month per child. The typed words per child was crossed out and for both children was hand written above the typed words that were crossed out. The petitionor,respondant and attornies did not initial the change. Is this stipulation valid since there was a change with no initials acknowledging the change? The divorce was in California.
3 Answers from Attorneys
Re: Crossed out verbage
You omitted the most important detail - whether the parties agreed on the changes. That essentially makes your qustion impossible to answer (without guessing). If you want a better response, re-post with all of the relevant facts.
Re: Crossed out verbage
Pull the order from the court's file. It will contain the official order. If the words are crossed out, then that's what the judge approved when he or she signed the order. That order controls.
Re: Crossed out verbage
If anyone ever questions it, go to court and get a certified copy. Better yet, draft a formal stipulation and order confirming the stipulation and order signed in court and submit it to the attorneys to be signed and then file it with the court. It might be too late to do it this way, however.
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