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Question: Divorce, Marriage, Alimony - California

Asked on 10/7/2009
California family law child support arrears
need help. My husband's ex wife owed 50,000 in back child support. We entered into a stipulated agreement for 20,000 to waive back support and her give up all legal rights to children and me to adopt her children. Judge agreed to stipulation and DA did not sign off on it. Two payments were to paid to DA. First intital payment of 10,000 never paid. Is stipulation null and void? Also heard a new case in CA was cited stating child support arrears could not be stipulated bewtween the parties as the monies is owed to the children. Does anyone know this case. If agreement is null and void and original support orders go back into effect?

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Answers (1):

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You can probably rescind the stipulation and enforce the original orders.  I think you are right that there is some authority for voiding the agreement but I would have to research that.  I would just enforce the original order and if obligor tries to enforce the agreement then oppose that effort.

Gerard A Fierro

www.fierrofamilylaw.com



  • Answered on 10/22/2009
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