Legal Question in Family Law in California

Settlement reached on child support, but ex has not filed modification

My ex-husband and I reached a settlement that lowers his child support obligation, but he has not filed the final papers with the court. I need to collect past arrearages. Will the state child support agency use the existing(old) agreement, or will they want me to wait until I get the final paperwork on the new order? What if my ex never files the final paperwork, does the settlement expire at any point? How does this work? He is already paying the new, lowered amount.


Asked on 2/19/02, 10:40 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Settlement reached on child support, but ex has not filed modification

you can file the paperwork if he does not.

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Answered on 2/20/02, 12:15 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Settlement reached on child support, but ex has not filed modification

Mr Koury is correct. However, you may want to try another approach. Since the agreement reduced child you could go the enforcement agency and request that they enforce the existing order signed by the court. When he comes into court stating that there is a agreement lowering support, you can reply that the agreement is no longer valid as he did not follow it. You have nothing to lose by this tactic. This should impress upon him the need to follow through with any agreement.

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Answered on 2/20/02, 1:18 am


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