If we made a verbal agreement, can she still ask me for child support? 13 Answers as of February 07, 2011

I had a verbal agreement with my ex-wife several years back that I no longer needed to pay her child support. Can she come back and ask for back child support? She has never filed for this but keeps me threatening me.

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The Law Offices of Daniel S. Frank
The Law Offices of Daniel S. Frank | Daniel S. Frank
Since your agreement was that you "no longer" had to pay child support, you imply that at one point you were required to pay child support. If there was a court order to pay child support, a verbal agreement between the parties would not terminate that order. More information is needed to accurately and completely respond to your question. Call for a free consultation!
Answer Applies to: California
Replied: 2/7/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Yes, she can apply for support and the amount would be according to how much you earn (gross) and the time you spend with the kids. She can not ask for back support unless there was an order in the past.
Answer Applies to: California
Replied: 2/7/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
If there is a court order in place for you to pay child support then you are required to pay that support. You should speak with an attorney to see about getting your current order modified to reflect your oral agreement.
Answer Applies to: California
Replied: 2/7/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
Yes she can, as long as there are still minor children, then child support can be ordered. Remember, child support is for the children, not your wife,
and it is basically impossible to waive child support permanently, if she decides to take the matter to court.
Answer Applies to: California
Replied: 2/7/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
No, a verbal agreement regarding support will not hold up in court.
Answer Applies to: California
Replied: 2/7/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes she can. you need to modify the Order.
    Answer Applies to: California
    Replied: 2/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, your ex can request child support. An oral agreement not to ever ask for child support is not enforceable. However, child support can only be retroactive to the date she files a motion with the court asking for child support.
    Answer Applies to: California
    Replied: 2/6/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    Under California law any agreement regarding child is subject to the state guidelines on the minimum level of child support. A parent can not waive child support forever because that right belongs to a child. The verbal agreement is only valid until the mother of the child seeks child support in court or has assigned her right to child support because she is receiving public assistance (TANF). A verbal agreement is not binding. She has the right to seek child support. The only question becomes when is the appropriate amount under California law.
    Answer Applies to: California
    Replied: 2/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. Any agreement which is not in line with guideline child support can be modified at any time to conform the guideline calculation. The parties cannot waive forever the right to child support. She can not, however, obtain retroactive modifications of support. If you are looking for assistance with your case, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 2/6/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, she can. Not only was your verbal agreement not binding, but a Court always retains jurisdiction over the issue of child support until the child is 18 years old, or 19, but still living with the parent receiving child support and a full-time high school student.
    Answer Applies to: California
    Replied: 2/6/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    Yes she can. It is the child that has the right to the support and if mom needs it she can go to court to ask for it.

    I cover this in greater detail in my books, A MAN'S GUIDE TO CHILD CUSTODY and A MAN'S GUIDE TO DIVORCE STRATEGY, available on Amazon.com, BN.com and as an E-Book on my website.
    Answer Applies to: California
    Replied: 2/6/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It is likely that your verbal (oral) agreement will not be enforceable unless it was made in open court on the record in the case.

    I don't know the circumstances of the agreement, i.e., whether it was because you had lost your job,because the children came to live with you, or otherwise, but you should consult with a Family Law Attorney to discuss the particulars of your matter, to determine whether you would have any defense to collection of child support.

    Agreements such as the verbal agreement that you address should be in writing, signed by both parties, but if you and your wife negotiate any agreement, you should consult, during the process,with your own Divorce Lawyer regarding the agreement and how it can be put into enforceable form.
    Answer Applies to: California
    Replied: 2/6/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, verbal agreements will not hold up in court when it comes to child support matters.
    Answer Applies to: California
    Replied: 2/6/2011
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