Can Parents Agree on Child Support Without the Court in Florida?
If you and your child’s other parent are getting divorced, your case cannot be finalized until the issue of child support has been resolved. But can you and the other parent agree on child support without involving the court? Under Florida law, parents are not allowed to resolve the issue of child support privately without involving the court. Keep reading to learn more!
Why Are Private Agreements Not Allowed in Florida?
You might wonder why you and your child’s other parent are not allowed to settle the matter of child support privately, especially if you are on good terms and wish to avoid court proceedings. So, why are private agreements not allowed in Florida? Florida courts treat child support as a public policy matter, meaning it is not just a private contract between two people. Courts must ensure that the agreed-upon amount adequately addresses the child’s needs. The court must find that the child support amount is in the best interests of the child. Even if you and the other parent agree on the amount of child support, the court must review and approve the agreement.
The State’s Child Support Guidelines
Another reason you and your child’s other parent cannot agree on child support is that Florida uses standardized Child Support Guidelines to determine the right amount of child support. These guidelines take into account;
- Your gross income and that of the other parent
- How many children are involved
- Health insurance and childcare costs
- The amount of time each parent spends with the child
In Florida, when couples are getting a divorce and child support is involved in the case, they must complete and submit a Child Support Guidelines Worksheet, which calculates the amount owed based on the guidelines. Under Florida’s child support guidelines, while you can agree on a higher or lower amount, you cannot deviate more than 5% from the guideline amount without providing written justification and getting approval from the court.
Protecting the Child’s Best Interests
In any child support case, the focus is on the child’s best interests. The court must be involved in child support decisions to protect your child’s best interests. The court must ensure you do not put your preferences as a parent before your child’s best interests. What might seem like a fair compromise between you and your child’s other parent might fall short of the child support guidelines, leaving your child without enough resources. For instance, you might accept a lower amount to avoid conflict, leaving your child with insufficient resources to meet their needs. Count involvement ensures children don’t miss out on the support they need and deserve because of their parents’ decisions.
What if You Don’t Involve the Court?
If you proceed with a private agreement and don’t involve the court, your agreement won’t be legally enforceable. This means if the paying parent stops making payments or the amount is later found to be inadequate, the other parent doesn’t have a legal way of enforcing or modifying the agreement. Additionally, it will be challenging to adjust the amount if either parent’s financial situation changes significantly, for instance, due to a job loss or promotion.
Contact Us for Legal Help
If you are a parent facing a divorce in Florida and are unsure about how to proceed when it comes to child support matters, contact our Orlando child support lawyers at the Arwani Law Firm.
