As you can imagine the best situation is for everyone to agree on the child support agreement without going through costly, time consuming litigation. However there are a few things that MUST be done in order for the agreement to be legal. The first is to be aware of the Federal Child Support Guidelines. Both parties should be aware of the Guidelines, but the “custodial” parent must, by law, be aware of the amount the child could receive under the Guidelines.
The “custodial” parent is the parent that is the primary caretaker of the child and the parent that lives where the child calls “home.” This can be a sticky matter in itself and the subject of much litigation before costs are ever discussed. However if these matters are easily established then you are well on your way to achieving child support heaven.
It is very important that the child support agreement acknowledges the fact that the “custodial” parent is aware of how much, specifically, the child would be able to receive under the Guidelines. If the agreement does not address this specifically then it may not be binding and if the parent’s relationship with each other deteriorates further the question of child support may be the subject of litigation anyway. This would undo much of the hard work that went into establishing the agreement initially.
If you find that you are unable to come to terms with your ex-spouse, or soon to be ex-spouse, litigation may be the best option. But remember how expensive it can be and try to resolve your differences if possible.
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