Child Support Agreement

What is a child support agreement?

A child support agreement is a document used by parents to lay out the details of how they will divide the financial burden of raising their children, even though they are no longer romantically involved. Parents can use this document to come to a mutually satisfactory plan about how they will assign the responsibility of paying support that will be used for the maintenance of their children without needing to give up control of decision-making to a judge.

What is the difference between a child support agreement and a child custody agreement?

A child support agreement only covers child support and issues related to it, such as who will pay it, when they will pay, how much they will pay, and for how long they will pay.

By contrast, a child custody agreement is meant to be a comprehensive document that covers all the major issues that may arise when two people are co-parenting. It encompasses physical custody (where the child will live), legal custody (who will make significant decisions regarding the child), visitation schedules, health insurance, and the funding of higher education.

Is a child support agreement mandatory?

Yes, a child support agreement is mandatory for parents who are engaged in legal proceedings surrounding the custody and care of their children. If the parents do not create their own child support agreement, the judge will take control and decide for them how the child support arrangement will work. Therefore, many parents prefer to create their own child support agreement while they can still have some control over the situation, rather than leaving it up to the judge to decide.

What does "child support" mean?

Child support is a payment made from one parent to another parent to cover the expenses of raising their shared children. It is expected that this money will cover things like food, clothing, educational expenses, and other necessary expenses to keep their children safe and healthy.

Who is involved in a child support agreement?

The parties to a child support agreement are the parents or legal guardians of a shared child.

What is the duration of a child support agreement?

There is not a set length of time that all child support agreements stay in force. However, most child support agreements end when the child reaches the age of legal majority, 18 years old in most states. This may not be the case for children with physical or developmental disabilities or other issues that would make them dependent on their parents or guardians for longer than is standard.

What has to be done after a child support agreement is signed?

Once the parents finish creating the child support agreement, they can elect to have their own attorneys review the document and then sign, either in front of their attorneys or witnesses and a notary. The Agreement should then be filed with their local court so that a judge can approve the agreement and make it official. The parents should keep copies of this document for themselves to refer to in case of dispute, misunderstanding, or a desire to create a written alteration of the agreement.

What must a child support agreement contain?

A valid child support agreement must contain at least the following mandatory sections:

• Party paying child support: The child support agreement must name which party is will be paying the child support and which party will be receiving the child support.
• Payment arrangements: The child support agreement outlines the specifics of how much money will be paid, how often the payments will occur, and when the payments will begin.
• Coverage of additional child maintenance expenses: The child support agreement describes who will be responsible for paying additional expenses, such as child care, school trips, or camps, which may not be covered by regular support payments. The agreement also includes a description of how and when these additional payments will occur.
• Health insurance coverage: The child support agreement names which parent will be responsible for maintaining the children's health insurance.
• Child support duration: The child support agreement specifies how long child support payments will continue.

Which laws are applicable to a child support agreement?

Child support is a matter of both state and federal law. Every state, except Massachusetts, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The UCCJEA dictates that child support and custody litigation pertaining to a particular child will occur in that child's home state, defined as the place where they have lived for six consecutive months before the litigation. If a child has not lived in any state for six consecutive months, their home state is defined as the state with significant connections to the child and at least one of the parents, as well as substantial evidence regarding the child's care. Once a state takes the case, called jurisdiction, they then retain control over the case until a court decides that the child no longer has a connection to that state.

In determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interests of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing to include the agreement in the official legal documents. However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the children involved.

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