Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent?

California, United States of America


The following excerpt is from Monterey County v. Cornejo, 283 Cal.Rptr. 405, 53 Cal.3d 1271, 812 P.2d 586 (Cal. 1991):

I do not agree, however, that such an allocation may be ordered without giving the custodial parent notice and an opportunity to be heard on the issue. Unquestionably, a court could not order a noncustodial parent to pay child support without such requisites of due process. (See Solberg v. Wenker (1985) 163 Cal.App.3d 475, 478-479, 209 Cal.Rptr. 545 ["Judgments for paternity or child support, entered as a result of an agreement between the district attorney and a parent not represented by an attorney, are voidable if the unrepresented parent can establish that he or she was not advised by the district attorney of the right to trial on the questions of paternity and ability to support and that he or she was unaware of such rights and would not otherwise have executed the agreement."].) In my view, the custodial parent is entitled to equal due process protection.

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