In Re Marriage of Laudeman

With the court’s approval, a father agreed to pay child support over and above the Statewide Uniform Child Support Guideline amount. (Fam. Code, § 4050 et seq.) About a year later, the father asked the trial court to modify his child support obligation downward simply because he had agreed to pay more than the guideline amount. His request was granted. The mother appeals, attacking the modification order on the ground that the father failed to show a material change in his financial circumstances. The father defends the order he won below, claiming the trial court properly reduced his obligation to conform to the statewide guideline. We reverse on the ground that an order for child support based upon a stipulation to pay more than the guideline amount cannot be modified downward unless there are material changed circumstances.

Facts

The 16-year marriage of Scott K. and Lisa C. Laudeman was dissolved in July 1999. In conformance with a stipulation signed by Scott, Lisa, and their attorneys, the judgment provided for joint legal custody of the couple’s two children, with primary physical custody granted to Lisa and substantial visitation to Scott. “Subject to…