Legal Question in Family Law in California
I have a child support order which orders me to pay $700 per month in child support. A few years ago I started voluntarily paying $850, this is not reflected in any agreement. I am now facing a pay cut and can only afford the originally ordered amount of $700. My ex-wife states if I don't continue paying the increased voluntary amount of $850 I will be in violation even though this higher payment was never in any agreement and was voluntarily paid by myself. Would I be in any violation if I go back to paying the court ordered amount of $700?
3 Answers from Attorneys
A court order is a court order. Court size says $700 and you can choose to pay more. There is no violation as long as you pay $700.
the extra monies are considered a gift from you to your child. the only amount you have to pay is the $700 in the order. But remember this if you find that you can't pay the ordered amount. Until you go back to court for a new order, you must continue to pay the $700, even if you are laid off or sick.