Monday, February 9, 2026
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Parent Cannot Waive Past-Due Child-Support Even Though Offspring Are Now Adults—C.A.
By a MetNews Staff Writer
A man who in 2021, pursuant to an agreement with his former wife, paid $$272,500—half of the $545,000 past-due child support going back decades—is obligated to pay the balance even though the four offspring are now adults, Div. Six of the Court of Appeal for this district yesterday held yesterday.
The youngest of the children reached age 18 in 2008.
Justice Hernaldo J. Baltodano authored the opinion which affirms an order by San Luis Obispo Superior Court Judge Erin M. Childs.
He recited that Div. One of this district’s Court of Appeal Court of Appeal in 2007 held that one parent could not contractually waive the payment of arrearages, but noted that the child in that case was a minor and that “no case since has extended this prohibition to children who are now the age of majority.”
The jurist declared:
“Here, we hold that parents are precluded from contractually waiving or forgiving past due child support arrearages even after the child has reached the age of majority and there is no longer a current support order in place.”
Baltodano explained:
“In keeping with California’s long-standing policy that the welfare of children is of utmost importance, the obligation to pay child support runs to the child, not the parent….Thus, an agreement between parents purporting to modify a child’s right to support is not binding on either the court or the child.”
A contrary holding, he said, “would reward a noncustodial parent who is able to thwart their child support obligations until the child reaches majority.”
The case is In re the Marriage of Allen, 2025 S.O.S. 390.
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