It is beneficial to you, your spouse and your children to try to settle as many aspects of your divorce as possible outside of the courtroom. Once you get in front of a judge, you lose a lot of negotiation power because the court has the right to direct what happens.
This is true about everything, from property division to child support. You certainly have the right to try to create a child support agreement outside of the court. But remember that the judge must approve it, so it has to follow state law.
Benefits the children
One of the most important aspects of creating a legal child support agreement is ensuring you keep the children’s best interests in mind. You need to focus on what they need and the type of financial support they will require. It can be easy to think about yourself and what is best for you, but the court will not approve agreements that do not consider what is best for the children.
Finances
You also want to think about finances. The agreement should not place financial hardship on one parent. Ideally, the arrangement will allow everyone to be comfortable. But the court’s ultimate concern will be that the children have the proper care they need and enough money to ensure they can get that care.
Parenting time
Parenting time should weigh into the final decision. Typically, the parent who has the children the most will receive the support payment. If the time is about equal, then the parent who is earning less will likely get the support, or if you are both financially stable, there may be an argument for no support.
The ultimate decision about child support lies with the judge. He or she must approve the agreement. It will then become a court order that you must follow.