Legal Question in Family Law in California

Re: Child support without going to court

You could write an agreement including an acknowledgement of paternity and provisions for child support and visitation, but this would not be enforceable unless it results in a court order. It appears that one of you is in California and the other in Maryland. In Maryland (and I know California law is sometimes quite different) you could file a "Complaint for Custody" and then a written agreement concerning custody, visitation and child support, and unless the child support provisions are too far off from the Maryland Chid Support Guidelines, based on both parents' incomes, the court will issue an order. This is a fairly simple process, and not expensive, but you should have an attorney draft the agreement and prepare the papers to file with the court.

Reply: Child support without going to court

In a general sense, you would start with the filing of a Petition To Establish Paternity, and then file a Stipulated Judgment. The Stipulated Judgment is the document that sets forth your agreement and makes it binding as an Order of the Court.

This can be done by using an attorney or by using a qualified Paralegal Assistant. We offer both attorney support and Paralegal Support Services.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Child support without going to court

You have several options. These need to be discussed. An attorney's assistance is recommended.

An agreement can be reduced to writing and this writing is binding where the agreement is legally sufficient and properly drafted. Many factors need to be taken into account.

The agreement process can, at times, be cumbersome so be prepared. This is another reason to involve an attorney who will serve you with your stated objective of not involving the court.

All this said, there are reasons why you should involve the court and this will depend on an analysis of your situation. One reason is that you reduce the court's power to assist you when delaying entry of a judgment.

My fees for drafting an agreement are reasonable. Contact me today at (410) 799-9002 or return e-mail.

THIS IS GENERAL INFORMATION ABOUT THE LAW. FOR ADVICE SPECIFIC TO YOUR SITUATION CONTACT AN ATTORNEY.