Basics of Family Law
Child Support
Is an agreement better than going to court?
It is better if you and your former spouse can come to a fair agreement on child support. (Please note, however: If you are afraid for your safety, or the safety of your children, court may be the best option for you.)
To help you decide what's fair, we suggest you look at the child support guidelines to determine the amount of child support a judge would likely order in your situation. You have the right, however, to agree on a different amount - higher or lower than the guidelines - if you think that would be better for you and your children. (Please note that if you agree on an amount lower than the guidelines and you later apply for a divorce, you will need to provide the judge with a written explanation as to why the lower amount is fair.)
If you can write up your own agreement, you will know exactly how much each of you will have to pay and what your children will receive. If you leave it to a judge to decide, the judge will use the child support guidelines to make a court order that specifies how much you and/or your children's other parent will need to pay in child support.
In addition, if you have to go to court, it may:
- Cost you time. Court can be slow, which can increase the stress of separation on both you and your family.
- Cost you money, in lawyers' fees and other costs, unless you are eligible for Legal Aid. (While you can choose to represent yourself in court, it is still a good idea to get legal advice to make sure you understand what information the judge will need in order to make a decision in your case, and what the impact will be of any court orders made by the judge. Supreme Court, particularly, can be expensive and complicated.)
If you cannot come to an agreement on your own, you might want to try mediation. This may involve some cost, but the cost will most likely not be as high as going to court - and the faster you reach an agreement, the lower the cost.
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