Legal Question in Family Law in California
When divorcing, do you have to file for child support even if both agree not to?
Asked on 7/13/10, 5:27 pm
2 Answers from Attorneys
No, but the court may then not approve the judgment. The duty of support is owed the child, not the custodial parent. The court will independently watch out for the child's interests.
Answered on 7/13/10, 11:25 pm
Anthony Roach
Law Office of Anthony A. Roach
An agreement between the spouses not to seek child support is not enforceable by the court. You can not request support, but at some point, someone may move the court for a support order, such as the county, in the event the custodial parent receives public assistance, or minor's counsel when a custody dispute arises.
Answered on 7/14/10, 2:31 pm