Legal Question in Family Law in California
Changing a signed aggreement
I made a signed written agreement that stated that I would pay $575 in child support until the child is 18yrs. For the past three years I have paid $475, because I really could not afford the extra hundred dollars. Now, the mother stated that she did not say anything about the past three year payment
of 475 b/c of my financial situation. Well, now that I have a better
job, but more children, she wants to sue me for back pay. We are
military and the child has no state jurisdiction so no court ordered
child support has been made, just the mutual signed aggreement b/w the two of us.
Is this document legally binding? We are military so we have not specific state.
1 Answer from Attorneys
Re: Changing a signed aggreement
A written agreement can be modified by written or oral agreement. You can also take the position that the agreement was modified by the conduct of the parties. Although you have some evidence that the written agreement was modified, your best approach may be to come to a compromise settlement.
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