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Deciding Child Support

Child support, like many other elements in divorce, does not have to be decided by the court. Pretrial agreement is not uncommon, and is often the arrangement that is awarded by the court, otherwise typically the court will refer to state guidelines to determine the amount of support.

It is each parent's responsibility to explain any and all circumstantiating unique situations to the respective attorneys. If this does not take place the needs of the child are typically not reached, and the child becomes a victim.

It is the job of the parents with the help of their attorneys to iron out an agreement of what is reasonable. An agreement reached before trial is almost always a more successful one, because it is the parents who best understand the specific needs and capabilities of the family members.

When negotiating child support issues with your attorney and/or opposing party, keep in mind these factors that the judicial system takes into consideration:
  • The quality of lifestyle the child would have most likely experienced had the divorce not taken place.
  • The financial resources of each parent and that of the child's.
  • The age and health of each parent.
  • The income and earning capabilities of each parent.
  • The willingness both parents demonstrate to allow visitation.
  • The impact on each parent maintaining two households.
  • The child's educational needs, higher education not withstanding.
  • The age and health of the child.
  • The possibility of the child obtaining employment.
  • The tax liabilities of each parent.
  • The desire on the part of each parent to have sole or joint custody.
  • The employment stability and potential of each parent.

Return to the Child Support Page

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