Legal Question in Family Law in California

Back Pay on Child support

My husbands ex wife filed for child

support in June 08 but due to

mediation, etc, child support hearing

was not until march 9, 09. Durring

that time, the childrens living

situation changed in by husbands

favor. Come March 9th the case was

never heard by the judge because we

were going to owe her $600 a month

back pay from June to December and

she was going to owe us $600 a

every month since January 09. We

agreed to leave it at no child support.

But, there was never ANY LEGAL

DOCUMENTATION filed on this

agreement! Absolutly none!

My question is... is this still

considered an open case? If she

every tries to take us back to court

again, and she will, will we be able to

collect back pay on the child support

since it was opened in June 08 and

never closed? Please HELP!!!


Asked on 4/24/09, 4:57 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Back Pay on Child support

There should be a written agreement, stipulation, filed with the court and signed by the judge. It will be cheaper and easier to do that now than later. Technically until the order is changed by a court order your husband owes the child support. Also it would appear from your statement that after the six months she would owe him child support. Unless he gets a court order he is waiving child support.

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Answered on 4/28/09, 12:59 am


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