Q: I made an agreement with my ex-husband to close the child support case in California and he has not honored the deal.

A: Yes, in California, if your ex-husband has not honored an agreement related to child support, you generally have the option to seek enforcement or reinstatement of the original child support order through the court. If the case was officially closed with the court, you would need to file a motion or request with the court to reopen the case, presenting evidence that the agreement has not been honored. It's important to provide documentation or proof of the agreement and its violation. The court will then review the case and decide on the appropriate actions, which may include reinstating the original child support order or modifying it based on current circumstances.

A: Yes, you can request to reopen your original California child support order if your ex-husband has not honored the separate agreement made to close the child support case.

Under California Family Code Section 3651(c), the court has jurisdiction to set aside or vacate a child support order within six months of its issuance if the parties enter into an agreement that waives child support but the supporting spouse fails to fulfill the terms of that agreement.

To reopen your prior child support case and order, you would need to file a motion with the court that issued the original order, request that the order closing the case be vacated, and provide evidence that your ex did not satisfy the contingent agreement used as justification to close the case.

If granted, this would essentially invalidate the more recent order based on non-compliance with the agreement, and reinstate the prior active child support order and case requiring payments. Consulting a family law attorney is highly recommended to execute this process and draft the required motion. But legally, you have good cause under Family Code Sec. 3651 to reopen your old child support case six months or less after closure.