Legal Question in Family Law in California
I am involved in a Child Support Collection action via the San Diego Superior Court Family Services... In April, 2011, I signed an outside of court agreement between myself and my ex-husband modifying the Child Support for our 9 year old son.... The agreement was to reduce Child Support from $1200 per mth to $200 per mth for one year... In addition, the Father was to provide all out of pocket medical/dental costs until our son turned the age of 19...
I signed the agreement while under duress, as the Father was in the arrears on prior Child Support by $30,000... I had placed liens on his properties so he offered to pay $20,000 if I would forgive $10,000 and sign this agreement... I needed the money so I signed the agreement... I asked for a copy of the agreement and the Father knew he needed to file the agreement w/the court.... None of which took place... The agreement was never filed w/court and I never received a copy of the signed agreement.
When the Father refused to pay more than $200 after two years, I filed for a Court Hearing... The Court is now considering if the agreement is valid even though it was not filed via the Court.... The Judge has requested Case Law that clearly illustrates that "The Father is not allowed to use Equitable Estoppel as a defense to support the out of court agreement to modify Child Support"... I need a California Court case.
1 Answer from Attorneys
You need an attorney. Unless someone knows a case right off the top of their head, you are asking for substantial research time. You got to this place doing it on your own. Yes you needed the money, but reducing by 10,000 because you needed the money really is not duress. He signed the agreement for reduced amounts field one year, even if it is valid you should collect it
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