Child Support Mediation

When children are involved, the issue of their support necessarily arises in any divorce or separation. I represent both parties who are married and parties who never married on this issue. The main issue, how much to pay, is the same with all couples. However, the means to transform the ultimate agreement into a court order will differ if you are married or non-married.

As a mediator, I can submit the final agreement to the Courts. Even though I represent both parties, only one party can take the actual divorce and I will customarily style myself as that party’s attorney in order to submit the divorce papers and agreement to the court. Of course, I would only do that when there are no remaining issues of contention between the parties. It’s more a convenience than anything else. (If the parties do not agree, I withdraw from the mediation and advise the parties to hire their own respective attorneys.). Since I have been an experienced litigator in the matrimonial field, I believe I offer clients a unique ability to mediate any possible dispute they might have regarding support.

Here’s how it differs between married couples and non-married couples. With married couples, I prepare the agreement and all of the other uncontested divorce documents and submit same to the Court as a divorce. Customarily, if I have done my job correctly, the Court signs off on the submission, signs the Judgment of Divorce, and no one, including myself, needs to go to court. If the couple is non-married, Family Court does not allow just submitting the agreement. They require a petition to be filed and an appearance in court by the parties. Typically, one of the parties files a petition and both parties, without counsel, go to court and present the agreement. If everything is in order, the Family Court issues an order for the support amount. I do not appear because I was a neutral mediator. If the parties wish, they can appear in court with different attorneys.

I have rarely had a child support agreement questioned by a court.

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