Legal Question in Family Law in California

I reached a child support modification agreement with my ex about one year after we changed our custody agreement (he traveled and they stalled). He paid the new higher amount as soon as we made the agreement. However, the stipulation was never entered with the court. I know bad move on my part! The settlement agreement had been filled out by his attorney and mailed to me in May 2003 (he had been paying the additional agreed upon amount beginning Dec 2002 after we met and agreed upon the new amount) His attorney sent me the following: Enclosed please find the original Stipulation to Modify Child Support and Order thereon that you have requested from xxxxx. Kindly sign and date the Stipulation, then return the original Stipulation to this office in the enclosed, postage pre-paid envelope. We have enclosed a courtesy copy for your files. Upon receipt back of the original signed and dated Stipulation from you, we will submit the Stipulation to the court for filing and entry. We will then send you a certified copy for your records. If you have any questions or comments, please contact us at your earliest convenience. (mailed it back as requested and it was never filed and they refuse to return my calls - of course he's not my attorney so why would they) The attached forms FL-350 were all filled in correctly along with the disso master results we used to come to the settlement agreement. He continued to pay the new amount consistently for a few years then inconsistently then well, he just went back to the original amount..now not even original has been paid for 2months (dec & jan). I am just trying to figure out the best approach to resolve this issue...he retains an attorney, and I am in pro per. What is the best approach and if possible please list the forms I should serve...I also need him to not speak to the kids about this as he always has in the past and it always is so miserable I just back off..I think they are old enough now but would like to know if there is a form to file for that too..Thank you!


Asked on 1/13/11, 11:35 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Arguably, if you have a copy of the settlement agreement, and he signed it, you may be able to file a motion to have the court enter an order enforcing it.

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Answered on 1/19/11, 10:45 am


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