QUESTION
If we do go ahead with the divorce, will the judge honor the child support decision that we agreed on?
Asked on Mar 20th, 2014 on Divorce - Florida
More details to this question:
My wife and I are heading for divorce based on my infidelity which provided a child out of wedlock. I have been out the house for almost two years and have moved on with someone else. My wife and I have 2 children ages 3 and 12. I pay child support for my son who is 10 for a year now based on that infidelity. The 3 child supports that I will have to pay is going to be devastating to me financially. My wife agreed that $700 for the 2 children that we have would be a fair assessment. We do not want to drag this out. She can keep the house and I we will set up visitation. Despite of everything my wife still wants to work out everything and do counseling. We have been married 18 years.
6 ANSWERS
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
In most instances a court will honor the agreement of the parties.
Answered on Mar 25th, 2014 at 9:48 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
In Michigan child support is based upon a set formula..based upon income, the number of other children being supported and the number of overnights (e.g. nights you have the children) deviations from that formula have to be clearly explained.. please contact an attorney and have him or her (or the FOC) run the calculations to see if your "agreement" is within the range of what the standard is.
Answered on Mar 25th, 2014 at 5:36 AM
Child support is a statutory amount. It sometimes can be decreased by a 5% variance, but beyond that, I don't believe the Court would go. I generally take the view that child support is non-negotiable.
Answered on Mar 25th, 2014 at 5:36 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
If no one receives any state services, then yes the court will usually agree to the amount you agree on; however, child support can be modified based on any substantial change in circumstances.
Answered on Mar 25th, 2014 at 5:36 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Prior to the divorce being final you will need to have a parenting plan, not some private agreements about visitation. You also will need to complete the worksheets which require you to calculate child support based on the statutory schedule. If that amount is different from the $700 the two of you have agreed on, you would need to do a deviation and must have a justification for doing on. The isn't a private matter, it's a matter of following the law.
Answered on Mar 25th, 2014 at 5:36 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Child support is based on a mathematical formula found in Florida statute chapter 61. Review the formula before any decisions.
Answered on Mar 25th, 2014 at 5:35 AM