Legal Question in Family Law in California
Child Support Agreements
Can a legally binding contract be set out-of-court by 2 parties who agree to a child support pay-off amount? Will the parent who is paying off in-full the child support amount be free from any possible future child support judgments? Which form would be used for this type of contract?
2 Answers from Attorneys
Re: Child Support Agreements
The agreement to which you are referring is called an accord and satisfaction, and yes, an accord and satisfaction is legally binding, even on the issue of back child support. Having said that, many attempts at an accord and satisfaction have been set aside or ignored by the courts, especially when child support is concerned. There is no form you can fill out. You really need to use an experienced lawyer for this one, especially if the amount is large.
Re: Child Support Agreements
You can probably settle your child support arrears if no arrears are owed to the county. There is no form. The proper avenue is not called a contract, but a stipulated judgment. You should consult with an attorney to make sure you are accomplishing what you hope to accomplish with thi sagreement!