Child support agreement (no court)

[MikeyD]

Is there a special form that one can file through court regarding a specified child support amount agreed upon by both parties if no one
files to get CS?

I just found out I have a daughter and her mother and I have agreed
not to do things in a nasty battle and we have agreed on a CS payment.
I do want this documented though.  I want "something" to say that I am
giving her $xxx amount towards child support.

Is there such a thing?  I'm new at all of this, so any help will be appreciated.

Thank you,
MikeyD

[mistoffolees]

I would think that you're going to need to get the court involved at least to rubber stamp the agreement. Otherwise, the mother could come back a few years later and say you didn't pay enough and file for back support. Even worse, all the money you pay before now and then will be considered a gift and won't count.

Also, there are state guidelines in most states where you plug in your income, her income, and any unusual expenses and it calculates the support. You won't want to very significantly from that number.

In sort, agree to what the state 'suggests' and get the court to approve it. If you're in agreement, it won't cost too much to file it with the court and will save you a world of headaches.

[FLMom]

I don't know where you're at, but in Florida there is a way to do this.

If you and the other parent agree, you could start by filing something like a stipulated agreement. It sounds fancy, but it's just a written out version of what you and the other parent have agreed upon. Both parties sign and have the document notarized, then file it with the family court system.

The second thing in Florida that can be filed along with this is a "Motion to Deviate from Child Support Guidelines". It's just what it says; the state says parent should pay X amount of money, but the parents agree on Z amount. If it's signed and notarized, it keeps the other parent from coming back years later and filing for back support.

[mistoffolees]

Exactly. That was what I was referring to.

Sorry if I made it sound like you had to have a full-blown court case. I would imagine that most states work the way you've described - you agree to terms, but then get a court sanction (or rubber stamp, if you will). The bottom line, however, is that whatever you agree to has to have the court's sanction or you could be sunk.

I would also assume that it's harder in some states than in others to deviate from the guidelines. My attorney told me, for example, that it's easy to get the courts to agree to MORE CS than the guidelines 'suggest', but that you'd need some pretty good reasons to agree to less CS than the guidelines.

[4honor]

no DNA test, don't pay.  You will obligate yourself for up to 23 years of CS. If you fail to ask the question, you put not only your financial future at risk, but that of any future spouse or children as well.

A parent who does not want to deal with the courts at all is usually wanting to avoid being held accountable -- or someone wanting to stay below the radar. Also, no court order makes it possible for unscrupulous parents to get more than one "father" to pay for a child that may or may not be theirs.

IF THE CHILD IS YOURS: Protect yourself and your relationship with the child by getting not only a CS order, but a parenting plan put into the record. Some states require CS orders to be paid through the Support enforcement agency or it is counted as a gift and could latere be required to be repaid. You need a quick education before you make an agreement like this.

I would contact a lawyer for legal advice (even if you do not retain the lawyer) and find out your best course of action.