California Court of Appeal

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In re Marriage of Alter, H032390

In an action involving child and spousal support, arguments challenging trial court's order reducing child and spousal support are rejected where: 1) trial court always has the power to modify an existing child support order, either upward or downward, notwithstanding the parties' agreement to the contrary; and 2) where a party receives recurring gifts of money, the trial court has discretion to consider that money as income for purposes of the statewide uniform child support guidelines. Judgment is reversed and remanded to the trial court where the court misread the marital settlement agreement and must reconsider the spousal support portion of the order.

Appellate Information

  • Decided 02/26/2009
  • Published 02/26/2009

Judges

  • PREMO, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Law Offices of Bernard N. Wolf, Bernard N. Wolf, San Francisco, Nicholas P. Barthel, Santa Cruz, for Appellant/Cross-Respondent, Cindie Greenbaum Alter., Wendy Morgan, Garrett C. Dailey, Oakland, for Respondent/Cross-Appellant, Jack Mitchell Alter.
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