Giving house to ex to lower child support payments

[narf]

What is the name of your state (only U.S. law)? CALIFORNIA

Myself and my ex agree that if I give her the house she will lower the child support payments to $200 a month.

To make sure she doesnt increase it at a later date when I am earning more income lets say, can I put it in writing that she can not sell the house or take equity out of it(how would I enforce that) and also that if she does bring me to court to get more child support that she automatically gives up her interest in the house and has to quitclaim the property to me.

Is this possible to do? Will it hold up in court?

Thanks

 

[Silverplum]

What is the name of your state (only U.S. law)? CALIFORNIA

Myself and my ex agree that if I give her the house she will lower the child support payments to $200 a month.

To make sure she doesnt increase it at a later date when I am earning more income lets say, can I put it in writing that she can not sell the house or take equity out of it(how would I enforce that) and also that if she does bring me to court to get more child support that she automatically gives up her interest in the house and has to quitclaim the property to me.

Is this possible to do? Will it hold up in court?

Thanks

No, it's not possible. No, it won't hold up in court.

 

[Proserpina]

No, it's not possible. No, it won't hold up in court.

Agreed.

This is about the worst thing Dad can do. Future child support CANNOT be waived in this manner; the whole idea is really, really, REALLY bad.

 

[Silverplum]

I often end up sorry I didn't search PHx.

https://forum.freeadvice.com/child-support-98/can-i-give-my-ex-house-get-out-paying-child-support-if-she-agrees-592932.html

narf, if you don't want to irritate us, please stick to just one thread for your questions.

 

[Isis1]

absolutely not.

child support is fluid and can be adjusted at any time.

can you agree to $200 per month in support? absolutely.

can mom decide to allow the house to compensate for the low support? sure. but the courts can't force her.

so either you can trust her to keep her word....or simply pay the court ordered support and have her make payments to you for your half of the home. i believe that would be a more business-like route to take.

 

[narf]

absolutely not.

child support is fluid and can be adjusted at any time.

can you agree to $200 per month in support? absolutely.

can mom decide to allow the house to compensate for the low support? sure. but the courts can't force her.

so either you can trust her to keep her word....or simply pay the court ordered support and have her make payments to you for your half of the home. i believe that would be a more business-like route to take.

Yes she is agreeing for the house to compensate for low support and she will agree to not selling it and if she wants to increase support she gives up the rights to the house.
My MAIN question is if she does ask for more support, lets say 2years from now(which I know she can if she wants) can I then go after the house if we have a written agreement that if she asks for more support that the house will be given to me.

 

[Isis1]

Yes she is agreeing for the house to compensate for low support and she will agree to not selling it and if she wants to increase support she gives up the rights to the house.
My MAIN question is if she does ask for more support, lets say 2years from now(which I know she can if she wants) can I then go after the house if we have a written agreement that if she asks for more support that the house will be given to me.

absolutely not.

once you sell the house and it's in her name, that's it. it's her house. she can burn it to the ground if she wants and there's nothing you can do about it.

 

[narf]

absolutely not.

once you sell the house and it's in her name, that's it. it's her house. she can burn it to the ground if she wants and there's nothing you can do about it.

I dont understand why this agreement can not be done.
She would agree that if she increases the support that she will quit claim the house to me. This agreement would be done through a lawyer of course.
I'm guessing the agreement CAN be done but if she increases the support in couple of years and then I go after the house, why would the court not order the house to me if we wrote it in the agreement?

 

[Proserpina]

I dont understand why this agreement can not be done.
She would agree that if she increases the support that she will quit claim the house to me. This agreement would be done through a lawyer of course.
I'm guessing the agreement CAN be done but if she increases the support in couple of years and then I go after the house, why would the court not order the house to me if we wrote it in the agreement?

Because it goes against public policy, for one. Again, Mom is free to file for state guidelines support whenever she wants - and she won't be penalized for it.

 

[Silverplum]

I dont understand why this agreement can not be done.
She would agree that if she increases the support that she will quit claim the house to me. This agreement would be done through a lawyer of course.
I'm guessing the agreement CAN be done but if she increases the support in couple of years and then I go after the house, why would the court not order the house to me if we wrote it in the agreement?

If you thoroughly read your TWO threads on this same topic, you might understand.

If you still don't understand, google up the CA code on child support and thoroughly read that.

 

[CJane]

You could also write up a contract stating that, if she ever tries to increase child support, she'll be required to cut off the little toe on her left foot. But it's not BINDING. Because it's not legally ENFORCEABLE.

 

[CSO286]

I dont understand why this agreement can not be done.
She would agree that if she increases the support that she will quit claim the house to me. This agreement would be done through a lawyer of course.
I'm guessing the agreement CAN be done but if she increases the support in couple of years and then I go after the house, why would the court not order the house to me if we wrote it in the agreement?

And what if in two years, mom has a devastating economical disaster, winds up flat broke and on public assistance?

Then you'll be out the house--per your "agreement"--and you'll be paying child support as per state guidelines because the state will obtain, modify and then enforce a child support order to help offset the amount of public assistance Mom is getting.

No.

Really.

You cannot bargain away child support.

Even if.

 

[narf]

Makes sense now, thanks for the information all, I appreciate it.