Legal Question in Civil Rights Law in California

can me and my ex wife make a contract about child support without filing with the courtis Is that a legal binding contract

Asked on 9/15/14, 8:49 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

You may make a legally binding contract but your contract cannot violate public policy with respect to child support. A better course of action would be to meet with an experienced family law attorney with a background in family support issues and work out a plan that provides appropriate (guideline support at minimum) level of support. To be enforceable, the contract would need to be adopted as a court order and it would be enforceable through the use of the county family support department. You want a formally documented and filed agreement in order to make certain that you get appropriate tax deductions and other credits for paying support or having physical custody of your child or children. In short, yes you can but should you -- no.

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Answered on 9/16/14, 10:27 am

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