Legal Question in Family Law in California
equitable jurisdiction
My ex-wife and I signed a personal agreement for the amount of child support when our marriage settlement agreement did not provide for an amount after said date of 2005. prior to that date the amount was 1100/mo. She signed the agreement 4 differnt times but now wants to have disregarded and only use the amount provided in the marriage settlement agreement prior to this date. She has given the court 5 different reasons why she should not be held accountable. The judge said he ''intends to enforce his authority of equitable jurisdiction for these personal agreements''. Child Services acknowledged they received fax with her signature of said agreement but because she calimed she didn't rember signing a stipulation and order was not created. They have since taken part of the agreement and created a stipulation and order and are trying to bully me into signing. If we abided by these order I have actually overpaid my support. I stopped paying until resolved and they took my license (broker's) now I have a new job and won't accept my motion for modification because they say it has nothing to do with job change -it has to do with loss of licence. My home is in forclosure and they insist judge's word ''intends'' means nothing. What do I do?
3 Answers from Attorneys
Re: equitable jurisdiction
File an Order to Show Cause for Modification. This is really a "no brainer." Although child support can be negotiated between the parties, the judge maintains jurisdiction over the issue of child support. If the parties cannot agree to the amount, then use a dissomaster which provides the statutory amount, which is the amount the judge would go with.
Re: equitable jurisdiction
your agreement was unenforceable from the beginning. you will have to pay guideline child support. sorry. use a dissomaster to determine you share and start paying.
Re: equitable jurisdiction
You need to file a motion to get the matter back before the judge. Child support services are attorney's, not the court. It has not worked out well without an attorney, I would suggest that you retain one before you get into bigger problems. Good Luck, Pat McCrary
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