Courts Assigning Child Support Against Divorced Couple’s Wishes

child supportQuestion:

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.

Utah divorce lawyer
Utah divorce attorney Dena L. Morgan

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.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Courts Assigning Child Support Against Divorced Couple’s Wishes

    On Febuary 23 , 2015 the court entered a judgement a $18,568.86 with accruing interest of 12% compounded monthly this amount is for child support arrears . I would like to know if this judgement can be appealed .

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