Does a property settlement agreement bar a father from seeking to recover attorney's fees and costs in a child support case?

California, United States of America


The following excerpt is from Marriage of Joseph, In re, 217 Cal.App.3d 1277, 266 Cal.Rptr. 548 (Cal. App. 1990):

For example, in Krog v. Krog (1948) 32 Cal.2d 812, 817, 198 P.2d 510 a mother sought to enforce a child support order in favor of her son who was conceived by the parties after the granting of the interlocutory decree. The court rejected the father's argument that the property settlement agreement barred recovery for attorney's fees and costs, stating that such an agreement "cannot defeat the power of the court to make such allowance in this proceeding for child support." (Id., at p. 817, 198 P.2d 510, citing Lucachevitch v. Lucachevitch, supra.) 3

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