Legal Question in Family Law in California

Child Support Settlement

My husband was approached by his ex to settle on the child support arrears. She is willing to settle on 1/3 of the back support in addition to closing the case. We are currently paying $550/mo diligently. Question is, if we go through this settlement legally (through the courts), can his ex re-open the child support case after the fact? We are somehow leary about embarking on this type of settlement when all she has done is throw screw balls at us for years. Also, would something like this be taken care of through the county court where the case originated or is it done outside of that with the retainment of private counsel? The case is with LA County.

Please advise and many thanks!


Asked on 10/17/06, 12:40 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Child Support Settlement

Make sure that no money is claimed to be owed to Child Support Services. If CSS was ever involved in the case, you will need to get something in writing from them saying they are not claiming any amounts due to them--then you can settle the case with the ex. The law recognizes this kind of settlement to be an accord and satisfaction. It is legally binding even without a court order, but, by all means get a court order confirming the agreement before making the payout.

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Answered on 10/17/06, 2:41 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Child Support Settlement

I have done many settlements like this. It would be worth your while to retain counsel to consummate the settlement and make sure that the appropriate orders are entered with the Court. You may contact me for a free consultation through my website at www.divorce-legal.net or you may call me at 8187391544 ext. 10. or through this system.

Norm

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Answered on 10/17/06, 7:35 pm


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