Legal Question in Family Law in California

Agreements on Child Support

If both parents agree to new support arrangements in writing, is the agreement valid without being filed with the court? Can the court refuse the agreement even if both parties have agreed? Can it be filed with the court without an attorney?


Asked on 10/01/05, 4:09 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Agreements on Child Support

Parents can agree on the level of support and send that to court, in the proper form, and request that the court adopt it as a court order. The court must however, be convinced that the needs of the child or children will be met under the terms of the support agreement. To convince the court that the child's will be met you will have to provide evidence of the income and living expenses of the each parent. Each party should also submit a declaration that the child's needs will be met. This procedure should give you the best opportunity of getting the agreement (stipulation) signed by the court.

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Answered on 10/03/05, 5:16 pm
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Agreements on Child Support

If by valid, you mean is the agreement enforceable if the payor stops paying, or if the payor wants to go to court to try and get a court order for a different amount - the answer is no, the agreement is not enforceable. Can the court refuse to incorporate the agreement into a court order - yes, and it will refuse to do so if the support agreed upon is less than what is required by statute. Parents cannot waive a child's right to support. Yes, you can seek a court order re support without an attorney. The family law facilitator's office at your local courthouse may provide free assistance with the forms. There may also be a family law self-help center at your courthouse.

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Answered on 10/01/05, 2:28 pm


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