Q: I have a 1972 child support Stipulation without my father signature , is this document enforceable CCP 664.6
Document has attorney signature only along with Judge signature. accordingly, CCP 664.6 my understanding this document is not enforceable.
Please let me know if I'm right this document can not be used a s proof of standing.
A:
Under California Code of Civil Procedure (CCP) § 664.6, the court may enforce a stipulated settlement if the parties have agreed to it in writing or orally before the court. For the agreement to be enforceable under this section, it generally requires the signatures of the parties involved.
If the stipulation for child support from 1972 lacks your father's signature, its enforceability under CCP 664.6 could be questioned. However, other factors may come into play, such as whether the court relied on this stipulation in making a subsequent order. It's crucial to review the entire court file and the circumstances surrounding the stipulation.
I will say, however, that an oral stipulation in Court, before a judge, is generally binding. So, if this occurred, the stipulation would be binding. Note the aforementioned CCP § 664.6 that addresses a stipulation made "orally before the court."
Challenges based on a lack of signature can be complex. Before taking any action, you should review the document and relevant facts with legal counsel. Determining enforceability requires a comprehensive understanding of both the document and the law.
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