Among the many issues people face in a divorce, child support can be an emotional one. Determining the correct amount for child support is important because your child’s needs depend on it. If you and your ex-spouse are able to keep your differences aside and sit together to negotiate the terms of child support, you can certainly do so.
However, nothing is ever so easy. Even though you and your ex-spouse may have decided on an adequate amount after much discussion, it can still get rejected by the court. Read on to find out the complications you may face and why. Meanwhile, if your ex is unwilling to negotiate, a gig harbor child support attorney can get you the child support your child needs.
Is it legal for a divorcing couple to decide the terms of child support outside of court?
Yes. It is perfectly legal if a divorcing couple wants to decide the child support terms independently without involving the court. However, it is only legal given that both the spouses are of sound mind, and neither of them put pressure on the other to agree to them.
In fact, many couples try to keep their fights and differences aside to come together and think for their child’s welfare. They consider it better to decide for their own child rather than handing over the job to the court. When courts handle such matters, the parents lose the power to decide for their child.
Nobody knows your child and is aware of your child’s needs more than you. It is recommended that if you and your ex-spouse are on good terms, you may create an agreement on your own with the help of an attorney.
Getting your child support order approved by the court
You are free to create a child support agreement with your ex-spouse. However, this agreement has first to get approved by a court judge before you can enforce it. The judge will go through the agreement and its terms to determine whether it is a fair settlement or not. If the judge finds it fair, they will sign it, making it legally bound. In case they find something they disagree with, they will not sign it, rejecting it.
Therefore, a legal IT consultant recommends having an attorney or two attorneys present (one for each spouse) to make sure you comply with the laws and guidelines of the state. Attorneys can also make sure one party does not take advantage of the other party.
Is it mandatory to get the child support order signed by the judge?
As we have stated in the previous paragraph, there is no way you can enforce the child support agreement if you do not get it approved by a judge. If you did, both you and your ex-spouse might face legal repercussions. It is mandatory to get a child support order signed by a judge to ensure all of the child’s needs are met.