Child Support Agreements
When parents divorce or separate, negotiating issues relating to child support through divorce mediation or with the
assistance of divorce attorneys is an option. Once a child support agreement - including the amount, frequency and duration of payments - is put in writing, both parents must sign, or argue, the child support agreement. Then the
child support agreement must be approved by the divorce courts.
In most states, child support is considered the right of a
minor child. A custodial parent may not make an agreement to waive this
right, unless the divorce court makes a specific finding to depart from the state child support guidelines. Before approving a child support agreement, the divorce court may question the parents to make sure the agreement is understood and wasn't signed
under duress. If the court finds the
child support agreement provides adequate support for the child and either follows the guidelines or demonstrates a valid
reason not to,
it can be made a court order.
Deviation from Child
Support Guidelines
In some states, child support guidelines provide specific
reasons for allowing deviation in a child support agreement. For instance, in New York, the Child Support
Standards Act requires courts to award child support in accordance with state
guidelines unless parents make an alternate agreement. To be valid,
a child support agreement in New York must include the following elements:
- Statement indicating the parents are aware of
the Child Support Standards Act
- Statement indicating the parents are aware
state child support guidelines would have determined a correct child support amount
- Amount of child support that would have been
ordered according to state child support guidelines
- Explanation why the state child support guidelines weren't followed
Any New York child support agreement not containing these
mandatory elements is generally unenforceable and not approved by the divorce
court.
Court Approval of
Child Support Agreements
In any state, if a divorce court finds that a child
support agreement doesn't provide for the basic needs of a child, it may be
rejected or modified by the court. After a child support agreement is approved and made a court order, a parent may be held in contempt of court and face sanctions
if the agreement is violated.
Talk to a Divorce Attorney about Child Support Agreements
Speak with a local divorce lawyer about negotiating a child support agreement to protect your child's financial security. Learn about your rights as a supporting parent by calling 877-349-1310 or filling out a divorce case review form to set up a preliminary consultation today.
The above synopsis of child support guidelines is by no means
all-inclusive and is not intended to provide legal advice. These laws
may have changed since our last update and there may be additional laws
that apply in your situation. For the latest information on these
divorce laws, please contact a local divorce lawyer in your area.
