Legal Question in Family Law in California

hello,

my 14 yo son and I moved out of California with the fathers permission in 2007. We now live in AZ. The father agreed to let us move if he only had to pay 1/2 of the court ordered amount. I agreed. This was just a deal between us, no courts involved. We have not gone back to court since original order when son was 1yo. My son is going into high school now and I would like to start collecting the full court ordered amount (this is a 1997 court order, not a huge amount, especially considering our increases in income since then) The father does not have much of a relationship with our son and doesn't ask to see him often, just a week during the summer that normally turns into a weekend and a week at christmas that hasn't happened in a couple of years.

My Question: Can I ask for (and enforce) the full court odered amount now, even though I agreed to accept 1/2 of it 5 years ago and have accepted the partial payment for so long.... or do I have to go back to court to update the child support? Court order is in Southern CA and I now live in maricopa County, AZ. Thank you for your help.


Asked on 6/10/11, 7:54 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You need to consult with a family law, etc., attorney as to whether under the terms of your divorce you could move out of state. if you could, then you might not have the legal authority to accept less than the full amount of the child support award as that is money that is technically going to the child and comes into your hands to spend for the benefit of the child. If that is the case, then you might be able to get back child support payments. You also probably want to get an order of full custody since his father does not see him.

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Answered on 6/11/11, 4:21 am
Arlene Kock Law Offices of Arlene D. Kock APLC

Unless the California court order was modified by an intervening new order or father has a written agreement signed by you to cut the support for this period of time, then the original order is enforceable.

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Answered on 6/11/11, 5:30 am


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