Q: Can FOAH contain something different from what was agreed in court hearing, however both parties agree to this later
In court we made an assumption about impact to September 1st law change on child support calculation being negligible and so agreed to use past dissomaster calculation. However, upon calculating with the Sep 1st change it is a significant difference (10%) and want to adopt that instead. Is this possible - any example of language/verbiage on stating this is differing from what was agreed in court but the parties propose this be adopted instead.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you can update the Family Order After Hearing (FOAH) to reflect a new agreement between both parties. Since both of you agree to adopt the updated child support calculation based on the September 1st law change, the court can incorporate this change into the official order.
When drafting the amendment, clearly state that both parties mutually agree to adjust the child support calculation. Include specific language that references the new law and the resulting 10% difference. For example:
"The parties hereby agree to modify the child support calculation in accordance with the California law effective September 1, 2024, resulting in a 10% adjustment to the previously determined amount. This modification supersedes the initial agreement made during the court hearing on [original date]. Both parties consent to this change and request the court to adopt the revised calculation in the final order."
Submit this amendment to the court for approval to ensure it becomes part of the official order. It may be helpful to consult with a family law attorney to ensure all legal requirements are met and the language is appropriately structured.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
