Legal Question in Family Law in California

Cash Settlement For Arrears Child Support

My brother has owed arrears child support for years. His son is now 25 yrs old. His ex-wife has agreed to accept a cash settlement. This cash settlement will be substatially less than what is currently owed (incl. interest). She feels a cash settlement now is better than getting nothing.

We want to file a legal paper stating that she is taking a cash settlement and waiving the remaining amount due. How do we or what form number for state of california (San Mateo County) do we need to file?


Asked on 2/12/03, 2:50 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Cash Settlement For Arrears Child Support

i am not sure what particular form you may have to file or record with the court on this matter. however, for the time being, you might want to call your local family law courthouse and find out if or what form it is you may need to have filed with them. in the meantime, you may want to go ahead and have an attorney draft a contract stipulating all that both sides are agreeing to in this settlement, have it notarized, and then kept in your possession as evidence a written contract was at least formed regarding this matter.

Read more
Answered on 2/12/03, 2:58 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Cash Settlement For Arrears Child Support

You should have too forms. One will need to be prepared by an attorney which will state that she is accepting a certain sum in full payment of all past due child support. The other for is a judicial council form call an ACKNOWLEDGMENT OF FULL SATISFACTION OF JUDGMENT. Using both forms may be a little redundant, but is it better to be safe. Good Luck, Pat McCrary

Read more
Answered on 2/12/03, 4:44 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California