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WANT
TO MODIFY CHILD SUPPORT,
BEST TO ACT PROMPTLY
by James P. Reape
The case of County
of Santa Clara v. Wilson confirms the saying, "If you snooze,
you loose". Mr. Wilson was to pay $381 per month in child
support for his child. However, Mr. Wilson, in 2000, was incarcerated
and unable to make his child support payments. The county obtained
a default judgment against Wilson, however, in April 2002, Wilson
filed a motion seeking to modify the child support judgment due
to his incarceration. The trial court granted Mr. Wilson's motion
and reduced the child support obligation to zero while he was
incarcerated. The court also made the order effective in December
2001, four months before Wilson sought the modification. The county
appealed contending that the court could not forgive the four
months of back child support the that accrued prior to Wilson
filing the modification motion. The appeals court held in favor
of the county and reversed the trial court. The appeals court
held that the trial court could not modify to zero the back child
support obligation that accrued before Mr. Wilson's request to
modify. The court could modify to zero the amount of support from
and date of filing and thereafter any arrears that may have accrued,
but not before.
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