Bodo

Bodo v. Bodo

Good Law
129 Cal. Rptr. 3d 298·198 Cal. App. 4th 373
Court of Appeal of CaliforniaAugust 12, 2011No. H035659California8,442 words

Opinion

Lead Opinion

Grover, J.

In this marital dissolution action, appellant Martin Bodo and respondent Alii Bodo dispute the amount of child support that Martin 1 should pay for their four children. In October 2006, as part of a judicially supervised settlement, the parties stipulated that income of $33,333 per month ($400,000 per year) would be attributed to Martin for the purpose of calculating child support, resulting in a monthly payment of $7,000.

Two years later, Martin moved to modify child support, arguing that his income was substantially reduced and that he was forced to liquidate assets and borrow to pay support. After an evidentiary hearing, the court found that child support under the parties’ agreement could not be adjusted downward “absent a substantial change in circumstances,” and that, while a substantial change in visitation warranted an adjustment, there was no substantial change *377 in Martin’s income. The court reduced child support from $7,000 per month to $6,178 per month based on Martin’s increased visitation and made orders regarding arrearages.

On appeal, Martin argues the court abused its discretion when it concluded it was bound by the parties’ 2006 agreement, which…

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