In Re Marriage of Alter

This is an appeal and cross-appeal from the trial court’s postjudgment order reducing child and spousal support. In her appeal, respondent Cindie Greenbaum Alter argues that the trial court erred by refusing to enforce the parties’ marital settlement agreement (MSA), which stated that child support was to be “absolutely non-modifiable downward.” In his cross-appeal, petitioner Jack Mitchell Alter argues that the trial court abused its discretion by considering as income the $6,000 his mother gave him every month. We reject both arguments. The 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, 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. (Fam. Code, § 4050 et seq.)

We do agree with Jack that the trial court misread the MSA in setting the amount of spousal support. Accordingly, we shall reverse the judgment and remand the matter for the trial court to reconsider that portion of its order.

I. Factual and Procedural Background

A.…