Divorce Mediation and Child Support

Child support may be the single most important part of your ultimate settlement. At least that is how the Courts seem to see it. I have found that when I submit the parties’ stipulation of settlement to the Court, the provisions that immediately attract scrutiny are the ones that deal with child support. This is probably because the State wants to make sure the custodial parent is receiving proper support, and thus unlikely one day to come back to court complaining the support was inadequate.

Child support is the statutory payment from one parent to the other. It is typically paid on a weekly or monthly basis. The noncustodial parent may also be assigned a portion of responsibility for “additional expenses” or “add-ons” in the popular vernacular. When you and your spouse meet in mediation you may follow the statutory guidelines or you may decide to make your own agreement. If you choose the latter alternative, your mediator or attorney must make sure he/she recites in the agreement what the law would require, what your agreement is, and how it deviates from the law. And the reasons for the deviation better be good ones or the Court will object and require more explanation.

You owe child support from the first date it was formally requested, usually in the summons and complaint, or when your agreement recites a starting date. You will owe support back to the starting date. One party’s ability to pay, as well as a child’s needs, may change over time. The law provides a mechanism for revisiting your original agreement in specific circumstances. In a later post, I will examine the issue of child support in more detail.

If you wish to schedule an initial consultation please contact me at 212-605-0435 or 516-280-3123.