It is important to remember then once a judgment has been entered for a[u1] child support or spousal support award, it may be possible to seek a modification of that order in certain circumstances. However, unless a modification is sought, there is no ongoing duty to continue to disclose financial information after the child support and alimony award has been entered.

This was the gist of a recent ruling from a California Court of Appeals. In that case, an ex-wife sought a modification of a child support award that had been based on a child support agreement entered into seven years prior.

Based on the financial situation of her ex-husband, a trial court agreed that the child support award should be modified. The amount of the award thus increased from $8,500 to $18,000 per month.

However, the trial court also imposed sanctions on the father for failure to disclose the changes in his financial status. He appealed both the modification of the child support award, along with the penalties imposed for failure to disclose.

While the court did affirm the modification of the child support award, it disagreed that parents owing child support have a continuing duty to present financial information whenever their status changes.

This is an important result for those California parents who are obligated to make child support payments, but whose financial situation may have changed, either for the better or for the worse. This means that because there is no obligation to make a disclosure, unless a modification suit is brought, then a child support or alimony order will remain intact.

Source: Metropolitan News-Enterprise, "C.A. Limits Duration of Duty to Disclose in Child Support Cases," Kenneth Ofgang, Jan. 6, 2012