In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

By Marcus Morales on Mar 13, 2018 in Articles, Child Custody , Child Support, Divorce, Legal Separation, Spousal Support

The Second District Court of Appeal recently held that a mother seeking a modification of child custody and child support, after she defaulted and did not file a response to the divorce action and judgment was entered against her, had standing to seek the modification. This is in contrast to prior cases which ruled the default precluded standing to the defaulted party. Under Olson, a party who has defaulted may file a request for order to modify child custody and/or child support. See In re Marriage of Olson, 238 Cal. App. 4th 1458 (2015).

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