Why Child Support Obligations Stand Despite Informal Agreements

As reported by Colorado Politics in their article, “Appeals Court Rules Man Cannot Use Ex-Wife’s 16-Year-Old Email to Avoid $233,000 in Child Support,” a Colorado court has reinforced that child support obligations cannot be waived by informal agreements.

Key Takeaways from the Case:

  • James Gallo attempted to avoid paying $233,000 in child support based on a 2008 email from his ex-wife stating he didn’t need to pay due to his illness and unemployment.
  • The Colorado Court of Appeals rejected his claim, ruling that child support is a legal obligation that cannot be overridden by a private agreement between parents.
  • The court also ruled that “promissory estoppel”—a legal doctrine allowing someone to rely on a promise—does not apply to child support cases.

What This Means for Child Support Cases:

  • Child support orders remain legally binding even if one parent verbally or informally agrees to waive payments.
  • Only a court-approved modification can change or eliminate child support obligations.
  • Non-payment can result in serious legal consequences, including wage garnishment, license suspension, and legal action.

Click here to learn more about Whitson Family Law legal services  or here to read the full article.


Article with all rights reserved, courtesy of Colorado Politics — https://www.coloradopolitics.com

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