Single Parents

CS Question. Can it be agreed upon instead of doing the court route?

(posted on bf too)

DHs seperation agreement (drafted years ago) states X amount of dollars to go to BM and SS by the fifth of every month. Their divorce decree states that he will keep paying that amount until an actual amount is set at a later date. 5 years later he is still paying the amount from the seperation agreement. He has never been late and he always transfers the funds (which are actually considered CS and spousal support since they were married at the time) on his payday on the first.

Anyway, BM lawyer just had her license revoked and can no longer practice law. It was all over the news and she owes some clients hundreds of thousands of dollars. We are so tired of the in and out of court and were thinking of proposing an amount to be paid to BM without going through through the courts again. I can see the issue of her not having representation being another delayed issue.

Is it even possible to do this? The way the CS worksheet works in her state is to take the income before taxes, subtract $775 and then combine BM income + DH income and take that amount to a chart that compares the income to how many children are being supported. The amount by the worksheet says $916/month should be granted. I am thinking if DH offers her a $500 on the first and $500 on the 15th that she may go for this arrangement. Is it even possible for us to agree on this and file the arrangement with the courts ?

BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012

BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013

Lilypie Angel and Memorial tickers


Re: CS Question. Can it be agreed upon instead of doing the court route?

  • As long as the bio mom agrees to it, there shouldn't be a problem. My state has paperwork on its website that can be completed, signed in front of a notary, and submitted. Both the CS amount and the parenting plan XH and I came up with were  different than what the state calculator or state guidelines suggested, and it was signed off by whichever judge's desk it happened to come across with no issue.
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