Can You Make an Enforceable Child Support Agreement Outside of Court?

Standardized Legal Documents Can You Make an Enforceable Child Support Agreement Outside of Court?

Is Getting a Child Support Agreement Outside of Court Acceptable?

Separation doesn’t only bring an emotional burden—it may also cause finance-related disputes between former partners. If the couple has children, child maintenance is one of the most important matters to solve once they part their ways. This is why they choose to sign a child support agreement.

Issues surrounding child support may lead to various disputes and legal expenses. To avoid them, parents often agree upon the terms of the agreement beforehand and then present the contract to the court. In this guide, we will explore whether obtaining a child support agreement out of court is effective and help you write this contract the easy way. Check out DoNotPay and find out how to get legal documents drawn up in a jiffy without suspicious online templates

What Is a Child Support Agreement?

A child support agreement is a contract between parents that stipulates all the child maintenance arrangements they agreed upon. 

It’s recommendable to sign a child support agreement because it:

  • Reminds the parties what their responsibilities are
  • Prevents misunderstandings and clarifies ambiguities
  • Helps with providing medical care or insurance for children

Why Should a Child Support Agreement Be Approved by the Court?

If signed by both parents and notarized, a child support agreement is enforceable as evidence of both parties’ intent, but it’s not enforceable in court. The only way to make it binding is to file for custody according to state guidelines and incorporate the contract into a court order. 

Submitting the contract to the court to have it reviewed and approved gives specific legal weight to the document. It protects the other party in case one of the ex-partners stops complying with the proposed terms and conditions. With the court’s approval, the defaulting parent can face penalties if they fail to provide the prescribed financial support to the child. 

How To Finalize an Out-of-Court Child Support Agreement

Before getting an enforceable child support contract, you must go through several phases:

  1. Negotiating the terms and conditions of the agreement with the other party—in most cases, the signing entities hire lawyers to help them handle this part. Make sure you include:
    • The statement that determines which parent is responsible for paying child maintenance
    • Agreed-upon child support amount
    • Payment frequency and duration
    • The purposes for which the child support money can be used
    • Responsibilities of both parents
  2. Adding the following statements to the agreement:
    • Both parents are aware of the support rights their children have
    • Both parents know what the amount of child support will be
    • No one forced or intimidated the parties into signing the agreement
    • The parents aren’t receiving public assistance, and they haven’t applied for it
    • Both parties consider that the proposed child maintenance amount is in the best interest of their child
  3. Signing the contract
  4. Getting the document notarized
  5. Submitting the agreement for the court’s review

Once the judge receives your document, they will decide whether the contract you created is in the best interest of the child. If the court approves your agreement, it becomes enforceable and can’t be changed without the consent of both signing parties. 

DoNotPay Can Draw Up Legal Documents in a Snap

Hiring a lawyer to write a child support contract for you is a safe but pricey option. If you want to avoid spending too much money, use DoNotPay and let us draw up an agreement in your stead! 

Our database contains standardized legal documents you can modify according to your wishes and create a perfect contract. After you provide us with the essential details in a few clicks, we generate a personalized legal document with all necessary clauses. 

To use the Standardized Legal Document feature, follow the instructions below:

  1. from any preferred web browser
  2. Type in the name of the document you are looking for
  3. Pick the details related to the contents of your contract

You can choose among various documents, including the ones from the table below:

Business ContractsReal Estate ContractsOther Contracts

The benefits don’t stop here! If you subscribe to our service, you’ll be able to have your documents notarized without visiting a notary public! Our app enables you to arrange a meeting with a remote notary 24 hours a day and obtain a digital stamp and signature for your contracts. 

Get a Scoop on Many Useful Contracts With DoNotPay’s Knowledge Base

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