Legal Question in Family Law in California

An attorney isn't necessary if you know what you are doing. Having said that, most people without an attorney do not do it right.

BARRY BESSER

www.besserlaw.com

Mr. Besser is right. I will add that, while anyone, with adequate knowledge and experience, can create a binding agreement, the questions for you is whether you think you will need the legal system to enforce the agreement.

If the parent who is providing the support payments fails to make the payments, the other parent will need to go to court to make the support payments an order. Then, the order can be enforced through the legal system. Be aware, though, that, if you go to court to get an order for support, the agreement is subject to change. You could end up with less.

As a practical matter, if the supporting parent can be trusted, you may be OK, but it is far safer and better to get your agreement in the form of a "stipulation," submit it to the court, and have it entered as an order. Certainly, you would be better off having an attorney handle the matter, but, in most family courts, there are self-help resources. Check with your local court's website.

Many people do custody and support agreements without an attorney. It is a huge mistake, however, not to do it in court. The courts and all other public agencies are under absolutely zero obligation to enforce your agreements unless they have been made an order of the court. If you and the other parent are in agreement, it is really very easy to have that agreement made into a court order. Contact the Family Law Facilitator or Self Help office or clinic at the Family Law division of your local court. They cannot give you legal advice about your agreement, but they will walk you through, step by step, how to make your agreement into a court order. You probably will not even have to appear in court, as most agreed orders can be done through filings with the clerk's office and by mail.