Child Support by Agreement
When a couple with children is in general agreement on custody and child support, the best family law advice may be to document that agreement and ensure it meets the basic requirements to be approved by the child support court. In New York State, there are two ways to complete that process.
We will review both paths to reaching a child support agreement, what guidelines such an agreement should follow, and how to get the help you need to have your agreement approved.
Reaching Your Own Child Support Agreement
When a breakup is civil and both parents are willing to work out all details of their proposed child support plan, this is commonly referred to as “informal negotiations.” They might engage a child support attorney to put their intentions into a legal format and advise them on any changes needed to have it approved by the family court.
Taking this route can keep legal costs to a minimum while protecting the best interests of the children. Sometimes, even with the best of intentions, the parents might become stuck on one or more key points and need more help to reach their goal of a mutual child support agreement.
Engaging Expert Help to Reach a Child Support Agreement
When both parents would like to create an agreement but struggle to do so on their own, they can choose Alternative Dispute Resolution or ADR. This process uses tools such as mediation—where a professional mediator works with the couple to resolve the obstacles, or collaborative law—where their respective lawyers negotiate the key factors together to reach a child support agreement before going to court.
So, even if the parents cannot reach an agreement themselves, they still have an opportunity to have a say in the outcome by resolving their disagreements through the ADR process. A family law consultation is a good way to begin this procedure and find out more about the resolution tools available to you.
What Should a Child Support Agreement Cover?
Each state has guidelines which cover minimum requirements for child support, as well as requirements to get custody of a child. When crafting your own agreement, it will have to be in line with state law, fully outline the details of payment amounts, frequency, and duration, as well as being a voluntary and informed choice for both parents.
These factors must be true and documented:
• There is an open court case between the two parents.
• Both parents are aware of their child support rights and state guidelines.
• The parents both consider the agreement to be in their children’s best interest.
• Neither party is currently on (or has applied for) public assistance.
• Both parents enter the agreement of their own free will, without being forced or pressured to sign.
Finding Legal Guidance for Child Support by Agreement
Reaching a mutual agreement about child support has the same legal backing as court-ordered child support, once it has been filed and approved. The process for changing the order or for child support enforcement remains the same.
With 32 years of collective experience in Jamaica and Queens NY, the Joseph A. Ledwidge PC law firm knows how to draft agreements that will be approved by the appropriate authorities. When you need a family law attorney who understands your mutual desire to reach your own agreement for the security of your children, call us to get started.
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