Legal Question in Family Law in California

Father wants to lower support

Hello,

I want to move to another state, possibly back east, with my 9 year old son. His father wants us to go. We went to court 9 years ago and have a court order for 479.00 per month, which his father pays monthly. His father does not want to see our son more than once every month or two for a few hours at a time. (By the fathers choice, normally only on holidays) His father has a new family and does not want to be bothered with us. He is encouraging us to go but says that since it is cheaper to live back east, I would need to sign and notarize a letter stating that he will only have to pay 300.00 per month support and I will pay to fly my son here and back 3 times per year. Because we have a pretty good relationship (we don't argue or fight) neither of us wants to take the other to court. What I need to know is if that notarized paper would be worth anything, can we decide to lower a court order without going to court? Couldn't I just turn around and take him to court for the rest in the future, if I wanted to? He and I both make around 55,000 yearly. He says if we go to court they will lower it anyway bcuz he has 2 additional kids and a stay at home wife to support now. Hope this mede sense! Than you for you help, jennifer


Asked on 5/28/06, 12:21 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Father wants to lower support

First off you can notarize to your blue in the face, however when it comes to Child Support orders, the Court has the last say. In other words child support cannot be legally modified without an order of the Court, and without the Courts approval. If you signed a contract and had it notarized, it would not do anything to the existing order, unless you followed it up with a OSC to modify child support. Furthermore Child Support cannot be retroactively modified. In the end you are the enforcer, and you could agree to just take $300 and leave it at that. It sounds to me that in your present situation, and especially with a move away, you could be entitled to much more child support than you are currently getting because you basically have 100% custody. He could fight the move away. In the end you should consult with an attorney.

Read more
Answered on 5/28/06, 5:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California