Legal Question in Family Law in California
Child support
My ex-husband owes$90k in child support. The DA is finally threatening jail time if he doesn't start paying. He has offered to pay me a lump sum of 25k and pay $450/mth till my daughter is 18, which is 1 year. In return I will need to sign off the remaining balance owed. Is this legal to do? Also, is child support taxable?
2 Answers from Attorneys
Re: Child support
It is legal, but you're going to need the court's and prosecutors consent before it will be allowed. Remember, support is owed to the child, not you, and you need court approval to modify what is owed. There may also be some public assistance reimbursement that will not be modified.
Re: Child support
In California the duty is owed to the child, but once it is past due the money is owed to you. Unless you are or have been on welfare, there would not no legal problem to prevent you from making the agreement, but you should have an attorney handle the transaction and advise you of your rights to collect the child support (child support is collectable forever and there is no 10 year bar to enforce as can happen to other judgments). I wonder where he is coming up with $25,000 if he has not been able to pay child support. Also, please recognize that the DA enforces child support but is not your attorney. A consultation with your own attorney would be worth your time and monehy. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
