Should I Make Our Child Custody and Child Support Agreement a Court Order?

Oftentimes, divorced parents are still on amicable or semi-amicable terms such that they can discuss California child custody, child visitation, and child support in a civil way. In fact, they are often able to come to agreements on their own, without having to go to court. When this happens, the question is then whether or not they should make their agreement a court order.

The answer will depend on whether or not you want the agreement to be enforceable. If your ex-spouse used to pay you $500 in child support every month, and now you and he agreed to $600 every month, you may want to make that a court order. Without a court order, you will have a difficult time enforcing the agreement that you made.

Also, let’s say you are a father that enjoys every other weekend with your children as part of the latest child visitation order. If you and your children’s mother are now agreeing that you can have the children for 4 more days every month, then you may want to let the court know and make the new change a stipulated order of the court. Not only would it help you enforce your new visitation schedule, but it will also be a basis for a new child support order, which could mean that you would be paying less in child support each month.

On the other hand, if you do not want the new agreement to be enforceable by the court or by the other parent, then it might be better for you to leave the agreement “off the books,” so to speak.

If you have any other questions about child custody, child visitation or child support, call us today. We are here to answer your questions.

If you or a loved one wants to change a court order, the family law attorneys at Wallin & Klarich can help you through the process. Our experienced Orange County family law attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.