Q: Is a child support guidelines form manditory when filing for divorce?
My ex and I have already had an out-of-court agreement on child support. We get along and he pays regularly so is it mandatory that we file for child support (child support guidelines form) when getting divorced? Can't we just keep our agreement without involving the court and inturn not include it in our divorce?
A:
When there is a minor child involved each party must file a financial affidavit and the court will require a child support guidelines worksheet. You do not mention if your agreement is higher or lower than the guidelines. If the agreed amount is higher then there is no problem. If the agreed amount is lower then you have two options. If the amount is close to the worksheet you can ask for a deviation from the court. If not, you can each honor your "agreement" since there is no scrutiny after the final judgment unless one of you goes back to court. The problem is that if one of you does go back to court there could be a legal arrearage.
Look for a local family lawyer that can guide you more specifically.
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