A judge made a ruling in a case involving back child support payments due from husband for over age 18 children, payments that had been previously negotiated in exchange for other property rights. See Child Support/Benefits Of Private Agreements Outside Court System. Ultimately, the judge gave husband additional let offs as per his request, contrary to the terms of the original agreement. The conclusion here is sad; because husband’s let offs were really not fair in the sense that wife had relied upon the original agreement, she walked away feeling cheated. And because the let off’s involved support for children who were adults, the children knew father was reducing their support (and even though his income/financial positioning was better than ever). Relations between father and family are more strained than ever. Father saved some money but was even further estranged from family
Child Support Issues, Emotional Issues Benefits, Child Support, Children, Consultant, divorce, let offs, Marin, Private Agreements
Pamela has been divorced for some time, but continues to receive child support payments. These child support payments were negotiated, additional support beyond any legal obligation under statutory requirements. Pamela forfeited community property interests at time of divorce in exchange for increased child support. It should be a plan that works; it’s based on written agreements and obligations. However, this is her 2nd time back in court to enforce payment. Husband has a difficult relationship with the children, and when he gets really stuck, doesn’t know how to move himself out of the mess that he has completely and entirely created with his children. He panics and refuses to pay the agreed upon child support, his only leverage. Wife is now forced to go back to court to enforce judgment. Even though a court order from the original settlement dictates the terms, the court continues to accommodate husband. It is probably personal for this judge at this juncture; there is some intangible that results in the court continuing to accede to something the husband requests. Given this judge’s predisposition, a private settlement might benefit even if wife has to give up a small amount of entitled support.
Caveat: be cautious of the court system, especially if there is substantial money involved, and pursue private settlement. However, the professionals you employ and the method you choose in a private settlement is critical, it determines outcome.
For more information on this subject, see Calculating Child Support in California.
Child Support Issues, Common Divorce Questions Benefits, Child Support, Children, Court, court system, divorce, Enforce Payment, Enforcing Judgment, Family Code, Private Agreement, Private Settlement
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