Moore
Moore v. Moore
Opinion
Lead Opinion
Roth, J.
James Moore (Husband) appeals from an order granting increased child support to Jeanne Moore (Wife) for their two minor children. The issue on appeal is whether the statutory limitation on the increase in child support contained in Civil Code section 4700.1 is applicable when the respondent opposes the petitioner’s request to modify the child support order. Concluding that the answer is “Yes,” we reverse.
Husband and Wife married on October 27, 1963. Three children were born of their union. Wife filed for divorce in 1970. The trial court filed an *1246 interlocutory judgment of dissolution of marriage on February 27, 1971. In it the trial court ordered Husband to pay Wife child support of $50 per child per month, for a total of $150 per month.
Fourteen years later, Wife filed a “Notice of request to change child support order [CC § 4700.1]” for the two youngest children (the eldest having achieved adulthood). She requested that support be increased to $210 per child per month. She did not explain how she arrived at the requested figure, but on her request she checked the box which reads: “At least one year has passed since the last order for child support was entered…