Can you create a child support agreement out of court?

When it comes to child support, the courtroom is often the last place divorced couples want to end up. The thought of a judge dictating how much they must pay or receive can be daunting, not to mention the emotional toll of a lengthy and contentious legal battle.

Fortunately, creating a child support agreement out of court can be a viable option for couples willing to work together. By taking control of the process, you and your former partner can craft a solution that suits your unique situation and priorities.

Preparing a child support agreement

You and your former partner must discuss and agree on several key issues to create a child support agreement outside of court. The process involves three crucial steps:

1. Determining the amount of child support: Use a child support calculator to determine the “guideline” child support amount, which a judge would order if you went to court. You must decide who will pay for specific costs, such as health insurance, child care and travel expenses.
2. Writing the agreement:  Parents can use a template like the Stipulation to Establish or Modify Child Support Order when they write the agreement. If you want child support taken directly from one parent’s paycheck, you may have to file an additional form called an Income Withholding Order.
3. Getting a signature from a judge: A judge must sign the agreement before you can file it, and you’ll need to pay a filing fee. A Family Law Facilitator can help you through this process.

These steps allow you to create a comprehensive and effective child support agreement that works for you and your former partner. Remember to stay respectful, open-minded and focused on your child’s best interests throughout the process.

Protecting your child’s future

Drafting a child support agreement can be a smart and empowering move for divorced couples who want to protect their child’s future. By understanding the key factors that influence child support, being open to compromise and seeking guidance, you can craft an agreement that truly puts your child’s needs first.