In Re Marriage of Thomas

Joyce and Charles Thomas were granted an interlocutory judgment dissolving their marriage in April 1976. The judgment incorporated an appearance, stipulation and waiver awarding Joyce custody of the parties’ three minor children and requiring Charles to pay $125 monthly child support for each child. Both parties have remarried, though Joyce is separated from her new husband. At Charles’ request, the court reduced child support in June 1980 to $100 monthly per child. Joyce appeals.

Joyce contends the court erred in modifying child support because Charles did not allege or prove any change in circumstances justifying the modification. The court may modify a child support order where the parties have stipulated to the amount of support;, modification does not always require a showing of changed circumstances and in certain cases may be justified by current circumstances. (See Moore v. Moore (1969) 274 Cal.App.2d 698, 703 [ 79 Cal.Rptr. 293 ].) In 1976 no evidence was presented and the court made no findings about the parties’ financial circumstances. (See Sande v. Sande (1969) 276 Cal.App.2d 324, 327 [ 80 Cal.Rptr. 826 ].) In 1980 the court was required for the first time…