Legal Question in Family Law in California
can me and my ex wife make a contract about child support without filing with the courts. Is this a legal binding contract?
Asked on 9/26/14, 9:56 am
3 Answers from Attorneys
Arlene Kock
Law Offices of Arlene D. Kock APLC
It is an agreement but not enforceable by the court unless it is a court order.
Answered on 9/26/14, 12:02 pm
You need to be especially careful if there is an existing support order and she agrees to take less, because if she changes her mind and you haven't turned the modification into an order, you will be responsible for back support with interest.
Answered on 9/26/14, 3:30 pm
Anthony Roach
Law Office of Anthony A. Roach
The law is clear that parents cannot waive the obligation of child support between the parties. Therefore these agreements tend to be unenforceable in court.
Answered on 9/27/14, 4:51 pm
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