Legal Question in Family Law in California
Child support agreement contract question.
I recently found out through dna testing that I have a 9 year old daughter. Since I am willing to pay child support (based on the state formula), is it possible for the mother and I to draw up a child support contract (or, more likely, have a lawyer do this), sign it and have it notarized and have it be a legally binding contract? There is currently no court ordered child support in this case. She and I would both prefer to work things out between us but I am concerned about protecting myself should things change down the road. Thanks for your response.
1 Answer from Attorneys
Re: Child support agreement contract question.
You are required by state law to file property documentation with the court. There are several forms that need to be completed in order for a support order to be issued. Since you are both cooperating it shouldn't be to hard. Go to your local courthouse clerk and ask if they have a family law facilitator who can help you put together all of the papers. You will need to attend mediation, even if you both agree to the appropriate amount, but you may be able to have an agreement drawn up in mediation so you do not have to attend a court hearing. Some of the paperwork that needs to be filed is the following:
Both parties need to complete an Income and Expense Declaration. At least one party needs to complete and Order to Show Cause RE: Child Support Form, you need to complete a declaration of parentage. These are the basic forms, there may be more depending on the county and your unique circumstances. You don't necessarially need a lawyer but do consult with at least the free family law clinic lawyer so you can make sure all the correct papers are filed. Good luck. I hope I have at least pointed you in the right direction.
John Hayes, Esq.