Legal Question in Family Law in California

I have a written agreement, (with dissomaster support etc) modifying my child support ($400 per month ordered by court ) agreeing on an additional $150 per month. The modified amount was paid consistently for one year then inconsistently for five years...the court ordered amount (of $400) has been paid every month until just recently. The modified amount was written up by ex's lawyer, sent to me for my signature with letter stating it would be filed, and never was. Do I need to collect the additional amount in civil court? And what is the Statue of Limitations in California? Or is there a way to collect in family court when I try to collect the court ordered amount now in arrears? Thank you!


Asked on 12/30/10, 10:47 pm

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

If the court did not enter an order modifying child support upwards, then you do not have an enforceable order. When the parties agree to modify support upwards, or downwards, those stipulations should be submitted to the court along with an order. Now if you move the court to modify support upward, it would only be retroactive to the date of your OSC to modify support.

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Answered on 1/05/11, 1:36 pm


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