Legal Question in Family Law in California

If both parents have a custody 50/50 Montenegro in place can the father ask for child support when the court order is that we are both not asking for any money? Can one parent file for child support after?


Asked on 10/18/22, 12:50 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

First off, Montenegro does not prohibit a change to anything about custody and support. It only requires a showing of changed circumstances once a final custody order is in place (as opposed to temporary orders which can be changed on a showing of "best interests of the minor child." Second, Montenegro only applies to custodial time, not support, because (third) changes to support always require a showing of changed circumstances. All that said, even with no change in custodial time, when financial circumstances of one or both parents changes, such that a recalculation of support with the new financial figures would produce a meaningful change in the support owed, either parent can go in and ask that the support be modified.

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Answered on 10/19/22, 1:05 pm


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