In Re Marriage of Padilla

I

Ronald and Lori L. Padilla’s marriage ended in 1990. Pursuant to a written agreement incorporated into their interlocutory decree, Ronald was ordered to pay $550 in monthly child support. In 1993, after new child support guidelines were enacted and the visitation schedule changed. Lori filed an order to show cause seeking an increase in child support and a contribution toward her attorney fees.

Ronald originally agreed to the increase. (Child support orders entered prior to July 1, 1992, are per se modifiable to conform to mandated guidelines. [Fam. Code, § 4069].) Prior to the hearing, he changed his mind, explaining he recently “resigned [his] current employment” to start his own business. “I firmly believe that once this business is on its feet, my earning potential will be as good or greater than existed at my previous employment. [% [] I did not willfully resign my employment at this time to evade my support obligations but resigned in order to afford myself the opportunity to embark on a business venture which has a much greater income potential than my previous employment. [QQ [] Therefore, I would request that the court order a reduction in child support in…