Legal Question in Family Law in California

Who determines the amount of my child support?

I want to pay child support off the top of my check (currently it's a verbal agreement with my after tax dollars). Can we decide what to pay, or does the state of California? What are the implications of changing to a more ''official'' child support? I live in IL and she and child live in CA.


Asked on 8/27/08, 11:41 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Who determines the amount of my child support?

You can decide what the child support is and have an agreed order entered. Once the order is entered, you would have a withholding order sent to your employer. You do not say whether this is from a divorce or paternity case, or whether a case is filed. If no case is filed, one of you will need to file a paternity case (assuming you're not married and never were) to establish paternity, custody, visitation and support. If the two of you are able to agree on everything it should make the process pretty smooth, but it would be a good idea to hire an attorney to help you with this and draft the appropriate documents.

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Answered on 8/27/08, 2:35 pm


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