Fresno, CA asked in Child Support for California

Q: My hus + his ex had a temp support agreement of him paying her 900/mo,when went back to 50/50 they didn't update papers

Does he owe her any back child support even though they make the same amount and had the kids 50/50? According to the court papers, he was supposed to be paying her 900 a month but they had a "handshake" agreement that it was not owed. Help.

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2 Lawyer Answers

A: All child support agreements are null and void from the outset unless they're court ordered, so he may need to file for a modification of child support based on the new custody order.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

A: Handshake agreements will not cut it when it comes to enforcement especially when the other parent says there was no agreement or that's not what we agreed to. He will probably need to file a request for order to change child support. He will probably owe arrears. If he can, he should try and work out a written agreement with the other parent laying out the terms. If she does not agree, you know how things will likely play out, which would definitely necessitate filing for a change. Filing right away is probably a good idea. More facts are required to provide a thorough analysis.

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