1. Agree on a child support amount:
In family law cases involving children and child support, one of the questions that comes up quite often is whether or not the parties to the case can agree on a support figure that is different from what happens to be calculating state guidelines. This can come up in many different parts of the case: one party may offer more time sharing with the other in exchange for lower child support, a parent may prefer that the other party contribute to the child support in a different way, or a parent may feel intimidated by the other party and afraid to take the matter to court.
It does not matter how the issue arises, as the judge presiding over the matter will ultimately decide whether or not the parties’ agreement will form part of a final order. In general, the parties can agree to an amount of support above the reference amount, but they cannot negotiate below that figure. This is because the state considers child support to be the right of the child and not the parents who can negotiate it. That said, many family law judges have signed final judgments that did not include actual child support payments when they were convinced that the child was receiving support in other ways along with the conclusion that the arrangement was in the best interest of the children. children involved in the case.
2. Where do child support cases originate?
In most parts of the country, many of the state’s child support cases are initiated by the IRS, where overworked IRS hearing officers issue child support orders with little consideration for other options. . In many areas of the country, a child support trial before a Department of Revenue hearing officer can only be scheduled for as little as fifteen minutes, giving the parties very little time to discuss additional discovery issues, child underemployment issues, one of the parties to the case, the ability to find work or other alternatives to an actual support payment.
This contrasts sharply with child support cases that originate in circuit courts before family law judges, as opposed to state cases before hearing officers. Circuit courts offer a much greater opportunity for proper discovery, as well as a greater amount of time to make judgments about the facts.
Regardless of which family law court you find yourself in, the amount of support will generally be ordered according to guidelines that take into account the income of both parents, the amount of overnight timeshare held by each parent, expenses child care and children’s health insurance. costs
3. Modification of Child Support:
While support is always modifiable, such an order can only be considered if a substantial, material and unforeseen change in circumstances is sufficiently demonstrated. This burden is not always easy to meet, and for this reason, litigants in child support cases must be very careful when considering an agreement that they believe may not be in the best interest of the children involved in the case.
conclusion:
What litigants in child support cases can take away from this is that although in most states they can agree to a child support amount, they should consult a legal professional in their jurisdiction about the legal limits that relate to such agreements.
Also, if the state brings a support action against an individual, you should be aware that you may have a limited ability to mount a strong defense and that seeking an attorney to have the case transferred to circuit court might be a better course. of action.
Finally, litigants in child support cases should never believe that it is no big deal to settle a case on the assumption that “we can go and change it anytime.” This is because mods are not always easy to obtain, as there is a legal threshold that all mods must meet.
