QUESTION
Does the judge need to accept one side in settlement deal?
Asked on Jul 27th, 2015 on Family Law - California
More details to this question:
I have a litigious divorce mostly on child custody issues. Things are getting to an end (next court meeting is status of conference) of the divorce and child custody. There is a Court Order for child custody (some changes to be approved) and there is a supposed to be final settlement on all matter pending, including child and spouse support. Spouse wants to have each is responsible for your share, NO support to any side, both for spouse and child. a) if we do not agree, will the judge rule something? Or it will be a pending issue? b) Can i suggest that all is fine for one year and see how things will progress? And then a final meeting after one year? Thank you in advance so much for your input.
1 ANSWER
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A status conference is just an opportunity for the court to determine the status of your case and what needs to occur to move your case forward - unless another hearing was set concurrently with the status conference, the court will not make substantive orders at that hearing.
If you come to a settlement, the court will in nearly all cases adopt that settlement. If you do not agree, then the case will be set for trial. If you each agree, you can ask that your agreement be ordered on a temporary basis and reviewed in 12 months.
With respect to child support, you cannot waive the child's interest in receiving support. So just know that whatever you agree to with respect to child support, you or the other parent can go into court at any time and seek a guideline support order and the court will grant it.
I hope this answers your questions.
Answered on Jul 27th, 2015 at 12:43 PM