DocketNumber: No. 075776
Citation Numbers: 1993 Conn. Super. Ct. 5996, 8 Conn. Super. Ct. 709
Judges: HARRIGAN, J.
Filed Date: 6/17/1993
Status: Non-Precedential
Modified Date: 4/18/2021
On December 23, 1988 the parties signed a writing they prepared without legal help wherein the plaintiff accepted $2,000 lump sum "to null and void child support. . ." (Plaintiff's Exhibit A). The defendant made the payment and stopped paying child support. Neither party moved to modify the judgment. The court ordered unpaid child support totaled $31,150 as of April 1, 1993.
The general rule governing acts of parties that attempt to modify court orders is:
"Decrees in a dissolution action cannot be modified by acts of the parties without further decree or order of the court. Grobstein v. Grobstein,
14 Conn. Sup. 378 ,379 (1946)."
as cited with approval in Albrecht v. Albrecht,
As defenses the defendant pleads equitable estoppel, laches, and waiver. The fatal flaw in all defenses is that the parties cannot contract away, waive or impair their children's independent right to support owed by each parent according to ability to contribute, Burke v. Burke,
The case of O'Connor v. O'Connor, 6 Conn. L.RPTR No. 19, 575 involved a physical change of residence by one of the children, the court finding the child support order no longer appropriate. A similar change of residence occurred in Kellogg v. Kellogg,
The $2,000 paid to the plaintiff by the defendant represented
The court finds no willful contempt by the defendant but does find that the defendant has accummulated [accumulated] an arrears owed to the plaintiff of $31,150 as of April 1, 1993.
The plaintiff is directed to reclaim the remaining motions for further hearing.
HARRIGAN, J.