Legal Question in Family Law in California
Settlement oof Child Support
I have a criminal case pending ( now on diversion) owing back child support of $20,000. If the custodial parent and I agree and would like to settle this case with 10,000 cash. Will the district attorney step out and allow this action and close or dismiss the case?
2 Answers from Attorneys
Re: Settlement oof Child Support
You do not provide enough information to answer your question.
What are the charges in the criminal case, and are you on drug diversion or are you refering to probation.
In regard to the child support the answer depends on who you owe the support to. If your ex is the party to whom it is being paid, she has the right to accept a smaller amount to accept as payment in full. If the child support is owed to the county then she has no right to attempt to compromise the debt.
Re: Settlement oof Child Support
Yes, but on the condition that back child support is not welfare reimbursement claimed by the County. If mom did not receive welfare or government's aid then you may settle the case obtaining mom's consent. However, you should do this in form of a settlement drawing up the proper settlement agreement/stipulation noting that mom accepts the lump sum in lieu of all child support arrears and accrued interest on the back support waiving her future right to claim any portion of unpaid back child support and interest. If you live in Southern CA and need assistance you may contact my office at 310-839-7700.
NIINA N. GOHAIR, ESQ.
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