Marriage of Carmendy CA2/8

FACTS AND PROCEDURE

1. Stipulated Judgment of Dissolution Steve and Cathy Carmendy divorced in 2003, and their stipulated judgment entered November 12, 2003, provided child support for their only child Frances, who was born in 1992. The judgment stated that Frances “is a disabled person who has been diagnosed with autism.” Steve was ordered to pay $1,746 monthly in child support until

Undesignated statutory citations are to the Family Code. Because they share a surname, we refer to the parties by their first names and intend no disrespect thereby.

2 Frances “dies, marries, is emancipated or until the parties are no longer legally obligated to support Frances Carmendy or further order of [the] court.” 2. Steve Requested to Modify Child Support On August 8, 2011, Steve filed an order to show cause regarding modification of child support. He sought to modify the judgment of November 12, 2003, requiring him to pay $1,746 a month in child support. He requested “that any modification of support commence as of the date of the filing of this motion as allowed under Family Code section 3653(a).” Steve also reduced the amount of support he paid to Cathy without any court…