Child Support - Obligation In Absence Of Court Order

[saddlebroke]

Hello -

In California, if the court previously reserved the issue of child support, and ordered no child support, but you've been paying anyway, what happens if you either stop paying or reduce your payments?

Please include statutory or case law authority for answers, if possible.

Thank you.

[Baystategirl]

If there is no court order then there would be no repercussions for stopping the cash gifts you have been sending.

[Xena]

Hello -

In California, if the court previously reserved the issue of child support, and ordered no child support, but you've been paying anyway, what happens if you either stop paying or reduce your payments?

Please include statutory or case law authority for answers, if possible.

Thank you.

The custodial parent will have the right to take the matter back to court and ask for CS, most likely from the filing date forward.
Alot of it will depend on what the reason is that the court previously reserved on the issue of CS.

Since CS was not court ordered, the NCP cannot be found in contempt for nonpayment of voluntary payments, however, it might be possible for retroactive support to be ordered.