Legal Question in Family Law in California

support for a child

If there is a current child support order in effect, but because both parties were able to get along, you agreed verbally to have the money go in a collage fund for that child. Then you find out that the other party was only putting away 200.00 a month instead of the 500.00 court ordered amount, On top of that he used the money to put a down payment on his house, and plans on paying the money back at a later date. Is there anything that we can do or are we just out of luck... Also if the father signs over his parental rights to my daughters step dad, if all that back supprt washed away. Or does he still owe that money.


Asked on 2/07/07, 3:15 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: support for a child

I need more information to give you a good answer, so I would get a consultation with a family law attorney if I were you. Generally, however, if there is a court order in place, that court order is still enforceable. A separate order would be required to enforce the separate agreement. Also, he could not use an agreement that he did not comply with, to set up a college fund, as a defense to a child support collection action. Good Luck, Pat McCrary

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Answered on 2/08/07, 10:01 am


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