CALIFORNIA FAMILY LAW
...Enforcement
......Support Orders
.........Defenses Discussed
............Waiver
 8 Cards On This Topic:
  • No waiver occurs when a party fails to assert a defense that s/he did not know existed.
  • It may not be possible to orally waive child support and, if it is, facts do not support a waiver in this case.
  • Parties' agreement by which H would pay part of support arrearages due W did not release him from remaining arrearages or waive future support.
  • Supported spouse may orally waive spousal support.
  • Vindictive conduct by supported spouse toward paying spouse (moving to another state and keeping children's whereabouts secret) is equivalent of waiver of spousal support and justifies its termination.
  • W may orally waive portions of alimony and child support.
  • Parties may not adversely affect children's right to support by private agreement.
  • Custodial parent may be estopped to collect arrearage if child hidden from obligor during period when arrearage accrued.


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