In Re Marriage of Nolte

Appellant Michael Nolte (husband) and respondent Marilyn (wife) were married in 1968. A child was bom in 1979. A dissolution of marriage resulted in the custody of the child going to wife; husband was obligated to pay $ 150 a month in child support and the child’s medical expenses pursuant to an agreement filed August 14, 1981.

Husband filed a motion for modification of his child support obligation on June 11, 1985. He requested that it be halved to $75 a month and that wife assume responsibility for medical expenses. On July 8, 1985, wife responded by requesting husband’s obligation be raised to the “Agnos minimum,” referring to the Agnos Child Support Standards Act of 1984 (Act), Civil Code section 4720 et seq. The parties submitted income and expense declarations, using the forms prepared by the Judicial Council (§4729).

After a hearing, the court increased husband’s obligation to the Agnos minimum, $288 per month at the time of the hearing, and left standing the allocation of the burden of medical expenses.

Husband filed a timely notice of appeal.

Facts

The marriage of husband and wife which produced one child was dissolved in 1981. The parties each subsequently…