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to pay or not to pay

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monkey30

Junior Member
What is the name of your state (only U.S. law)?
california
my ex-wife and i signed a marital settlement agreement which included child custody and support with a lawyer acting as a mediator in 2004. unfortunately, the agreement was not fully followed and we ended up going to court. to make the story short, we were given new child custody court orders. my question is, is the child support from the settlement agreement still applicable? the new court order does not include any child support. can my ex-wife go to court and file a case against me and ask me to back pay her based on the original settlement agreement?What is the name of your state (only U.S. law)?
 


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mistoffolees

Senior Member
monkey30 said:
What is the name of your state (only U.S. law)?
california
my ex-wife and i signed a marital settlement agreement which included child custody and support with a lawyer acting as a mediator in 2004. unfortunately, the agreement was not fully followed and we ended up going to court. to make the story short, we were given new child custody court orders. my question is, is the child support from the settlement agreement still applicable? the new court order does not include any child support. can my ex-wife go to court and file a case against me and ask me to back pay her based on the original settlement agreement?What is the name of your state (only U.S. law)?
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If the settlement agreement was signed by a judge, the child support remains in effect until a new court order replaces the existing child support order (unless the new order specifically states that there will be no child support).
 
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monkey30

Junior Member
she has threatened to file a case against me and ask me to back pay her based on the settlement agreement. is it right to say then that there is no case since what is applicable is the current court order which has not child support?
 
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Proserpina

Senior Member
monkey30 said:
she has threatened to file a case against me and ask me to back pay her based on the settlement agreement. is it right to say then that there is no case since what is applicable is the current court order which has not child support?
Click to expand...


Re-read misto's post.

Unless the new orders SPECIFICALLY address child support, the old orders remain valid for child support purposes.
 
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monkey30

Junior Member
but is'nt it that child support is based on time stated in the child custody orders...the new child custody order has given me more time compared to what was in the settlement...i know the new orders has said nothing about the child support but how can that be applicable in this case when my timeshare has increased?
 
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Proserpina

Senior Member
monkey30 said:
but is'nt it that child support is based on time stated in the child custody orders...the new child custody order has given me more time compared to what was in the settlement...i know the new orders has said nothing about the child support but how can that be applicable in this case when my timeshare has increased?
Click to expand...

The new order addresses the timeshare.

The new order did not change the child support issue; if either of you wish to address that then you're of course free to do so.
 
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mistoffolees

Senior Member
monkey30 said:
but is'nt it that child support is based on time stated in the child custody orders...the new child custody order has given me more time compared to what was in the settlement...i know the new orders has said nothing about the child support but how can that be applicable in this case when my timeshare has increased?
Click to expand...
It's applicable because you didn't request a change in child support.

If you had asked for a modification based on the new time share, you might have gotten it. Since you didn't do so, the old orders remain in effect. I don't know any other way to say it.
 
stealth2

stealth2

Under the Radar Member
So, monkey... If the other parent had filed for a change in child support and visitation was not addressed - you would be okay with getting no time with your child(ren)? Since the order didn't address it? That's analogous to your not feeling you need to pay support since it wasn't addressed in the new visitation order.
 
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