Courts Assigning Child Support Against Divorced Couple’s Wishes

Question:

My spouse and I have joint custody of our two sons. We have agreed to split any medical expenses and child care 50/50 and that they will remain on my health insurance plan.

When I was served with papers, it stated that I should pay $264.49 in child support. When I asked my spouse, she said she did to ask for that to be included, but that the court may assign it.

If we agree to no child support, can the court still assign it? 

Answer:

I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning child support.

Yes, even when the parties agree that there should be no child support, the court can award it anyway. The court does this because their interest is in making sure that the children do not see a decline in the standard of living between one home and the other.

However, if you and your spouse agree that there should not be a child support award, you can get around this issue by agreeing about one another’s incomes.

For example, if you both agree that you each make the same amount of money, then any joint custody child support worksheet will have the outcome of no child support. Otherwise, you can agree that the standard child support is $264.49, but state in a stipulation that the parties agree no child support should be awarded.

Courts are more obliged to follow an agreement of the parties, rather than avoid child support when addressed by the court.

Remember, I am unable to provide you with anything more than general child support tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.