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I made an agreement via e-mails instead of going back to court

back in 2009 to deposit...
I made an agreement via e-mails instead of going back to court back in 2009 to deposit the child support amount in three existing bank accounts with her name added to the accounts. The money was to stay in the accounts till they graduate from high school. This agreement was never submitted to court. She recanted and claimed with DCSS that I have not paid support even though I kept my end of the deal and deposited every month. The court did not recognized our agreement as valid and as a result I paid interest on top of the support amount. I like to know if I have a chance to appeal. And what it would typically cost. This case is in Riverside Ca
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Answered in 14 minutes by:
5/18/2013
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
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Dear JACUSTOMER - Private agreements for child support and other issues regarding children are not enforceable in court. If the money is still in the accounts you can withdraw it since she would have no right to claim it for support but you will have no chance at an appeal for the DCSS ruling since this is standard procedure in all states. Any payments made outside of court ordered support are considered as gifts by the obligor and will not be credited for child support. this is especially true if the obligee was receiving state aid since the state pays the money and gets to keep the support. If that is the case then the mother would have received double payments so whatever you deposited would be considered as a gift. If the money is still in the account you can withdraw it but otherwise I see no way of appealing the ruling. You cannot set terms for the child support money as to college or other uses since the money goes to the mother, not the child.
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified
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