In Re Marriage of Sabine M. and Toshio M.

In this postdissolution proceeding, the California Child Support Services Department (CSSD) filed a motion to determine whether the husband owed arrearages on spousal and child support under a September 1995 judgment of dissolution, and, if so, the amount due. The husband argued that all issues as to arrearages had been resolved by way of a May 2003 agreement between the parties. The wife asserted that there was no enforceable agreement. The trial court found in favor of the wife.

After the judgment of dissolution, the husband did not make any support payments for nearly eight years. In May 2003, he offered to pay less than one-third of the arrearages then due in exchange for (1) a release as to the remaining arrearages and (2) a waiver of all future child and spousal support, with the exception of an unspecified amount of child support warranted by the child’s or the wife’s financial situation. The husband offered to pay about $100,000 of the more than $300,000 in arrearages.

The principal question on appeal is whether the parties could lawfully forgive arrearages—overdue support—where the husband agreed to pay only a portion of what he owed. We conclude that such an…