Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > FreeAdvice Answers > California Divorce, Marriage, Alimony > FreeAdvice Question and Answers
Privacy Policy Terms of Use FAQ Attorney Log-In Register to Answer Questions




    

Question: Divorce, Marriage, Alimony - California

Asked on 11/4/2009

Can my husband offer to buy me off re: custody/visitation of my children? Is this legal?

The father of my children is getting divorced and now he is giving me an offer of $11k to stay out of the kids' lives until they are 18 (now 16-1/2 and 11-1/2). No way will I take this offer. He currently owes me $40k in back support which is an official court order he is not paying on.  My children cannot be bought. They are human beings. Can he legally do this? Seems like a bribe to me.


 Notify me of updates.   Answer This Question!      Question Offensive or Inappropriate?

This question received 24 views.     Bookmark and Share


Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


Ask him to put it in writing.  Once he does that, if he's that stupid, take the document to court, on a motion to enforce your back support, and ask the judge to put him in jail for contempt until he pays you the $11,000 he's saying he has, against those arrears (which I'm assuming are $40,000 or so, not $40.00-ish).

File the motion, and tell the court about the offer, even if he isn't stupid enough to give you evidence like something in writing, or a voicemail message that you can save and replay.

Even if you signed something like this, it probably wouldn't be enforceable, because most courts don't give you the right to give up child support:  it doesn't belong to you, it belongs to the children.  Even a court itself does not have the power to remove child support arrears, in most cases.



  • Answered on 11/4/2009
  • Rating:
  •  Rate this answer






» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you


Didn't Find What You Need?


We have a lot more information!

MORE FREE LEGAL ADVICE

Select your specific topic on the next page.
Finding a lawyer can be very intimidating. We'll help you find a qualified attorney.


            



AttorneyPages.com


HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009