Out of Court, In Agreement: How to Create a Successful Child Support Arrangement Without Going to Court

It is possible to make a child support agreement without going to court. This is known as an “out-of-court agreement” or an “extra-judicial agreement”. In fact, many parents prefer to make an agreement without going to court, as it can be less time-consuming and less expensive than going through the court system. However, it’s important to note that an out-of-court agreement is not a legally binding order like a court order. This means that if one parent fails to fulfill their obligations under the agreement, the other parent may need to go to court to enforce it. Therefore any Child Support agreement made without Court is subject to both parents honoring the agreement they’ve made.

If you decide to create an out-of-court agreement it’s important to make sure that it is well-documented and includes all necessary details such as the amount of child support to be paid, the payment schedule and any provisions for modifying the agreement in the future. You may also want to consider having the agreement reviewed by an attorney to ensure that it is legally enforceable and that it protects both parents’ interests.

Whether you choose to make a child support agreement without going to court or through the court system will depend on your specific situation and your personal preferences. It’s important to carefully consider your options and make an informed decision based on what is best for you and your child. Take a Free Assessment for more information.

Steps to make a Child Support agreement without Court

1. Talk with the other parent: The first step is to have a conversation with the other parent about child support. Discuss what each of you believes is a fair amount to contribute towards your child’s expenses.
2. Write it down: Once you’ve agreed on a child support amount, write it down in a document. Be sure to include the names of both parents and the child, as well as the amount of support and the payment schedule.
3. Have it reviewed by an attorney: Although you are not going through the court system, it is still a good idea to have the child support agreement reviewed by an attorney. This will ensure that the agreement is legally enforceable and that it addresses all important issues.
4. Sign and notarize the agreement: Both parents should sign the child support agreement in the presence of a notary public. This will make the agreement a legally binding contract.
5. Keep copies: Each parent should keep a copy of the child support agreement for their records.

Remember, although you are not going through the court system, the child support agreement can still be enforced by a court if one parent fails to make the required payments. If this happens, you can file a motion to have the court enforce the agreement.

How to talk with your Partner about making a Child Support Agreement

Talking about child support with the other parent can be a sensitive and challenging conversation, but it’s important to approach it in a constructive and respectful way.

Here are some tips for having a productive conversation about child support:

• Plan ahead: Choose a time and place where you can have a focused conversation without interruptions. Make sure that you have enough time to discuss the matter thoroughly.

• Use a neutral tone: Keep your tone of voice and language respectful and neutral. Avoid using accusatory or aggressive language and try to stay calm throughout the conversation.

• Focus on the child’s needs: The primary goal of child support is to provide for the child’s needs. It’s important to keep this in mind during the conversation and to emphasize that child support is a way to ensure that your child has everything they need to thrive.

• Be transparent: Be transparent about your income and financial situation and encourage the other parent to do the same. This can help both of you come to an agreement that is fair and reasonable.

• Listen actively: Listen to the other parent’s perspective and concerns, and try to find common ground. If there are disagreements then try to identify the reasons behind them and work together to find a solution.

• Consider the long-term: Child support is an ongoing obligation that will likely last for many years. Consider the long-term financial needs of your child and be willing to make adjustments as circumstances change.
• Consider using a Counselor or Therapist: A Counselor might be able to help keep the conversation on track while addressing any specific emotional issues that arise.

Remember that a productive conversation about child support is one that ends in an agreement that both parents can live with. It may take some time and effort to reach that point, but approaching the conversation with an open mind and a willingness to compromise can help you find a mutually acceptable solution.

Points to include in an out-of-court Child Support agreement

When creating a child support arrangement it’s important to address the following key issues:

• The amount of child support to be paid and how it will be calculated.
• The payment schedule, including how often payments will be made and on what date.
• How and where payments will be made.
• How medical expenses will be divided between the parents.
• How childcare expenses will be shared.
• How the agreement can be modified in the future if necessary.
• How disputes or non-payment will be handled.

Pros and Cons of Making a Child Support Agreement Without Court

Making a child support agreement without court can have both advantages and disadvantages, depending on the individual circumstances of each case.

Here are the pros and cons to consider:

Pros of making an out of court child support arrangement

More control

Creating a child support agreement without court allows parents to have more control over the terms of the agreement. This can allow for greater flexibility and customization, which can be beneficial for both parents and the child.

Quicker and less expensive

Creating an agreement out of court can be faster and less expensive than going through the court system, as it avoids court filing fees, legal fees, and court appearances.

More amicable

Negotiating an agreement out of court can be less adversarial and more amicable than going through the court system, which can help to maintain better relationships between parents.

Cons of making an out of court child support arrangement

Not legally binding

An out-of-court agreement is not a legally binding court order, which means that it may be more difficult to enforce if one parent fails to fulfill their obligations under the agreement.

Less formal

An out-of-court agreement may be less formal than a court order, which can create confusion or misunderstandings about the terms of the agreement.

May not account for legal requirements

A child support agreement must meet certain legal requirements to be enforceable, and an agreement created without court oversight may not adequately address these requirements.

No court review

An out-of-court agreement is not reviewed or approved by a judge, which means that there may be less oversight to ensure that the agreement is fair and in the best interests of the child.