Family Law Questions? Ask a Family Lawyer Online.
Good morning. My name is XXXXX XXXXX I will be working with you today.
Can you tell me if the divorce has been filed yet?
Typically, even though you have reached an agreement (outside of court) and you have both agreed to it, a court has the right to review any child support agreement to ensure that it is fair to both parties as well as to the children.
The amount was the most I could afford. Do you mean that a judge could make me pay more?
Until any child support agreement is approved by a court, it may not be legally binding. However, it is evidence of what your intent was. You do need to be aware that also until there is a court order in place, child support is actually not a legal obligation and usually a court will only order child support from the date that a motion is filed.
Each state has a set of child support guidelines which set forth what that state would require as a child support payment. If you could tell me what state you are in, I may be able to provide you with a link to a child support calculator which would give you a fair idea of what a judge would order.
So, I dont have to pay until it is ordered? And I reside in the state of Maryland.
We both believe that the amount agreed upon is less than the state would require.
Typically, you do not have to pay until a court orders you to. However, since you have signed an agreement to pay her, the court has the option to enforce it.
A court may approve that amount if both of you are in agreement and it is not too unfair to either party. But take a look at the calculator located on this website and it should give you a fairly accurate idea of what you would pay if you went according to the guidelines: http://www.dhr.state.md.us/CSOCGuide/App/disclaimer.do.
I just did not want to leave and then be accused of abandonement so I thought that the agreement would speak otherwise.
So long as a divorce has been filed or you are providing support, you would not have abandoned the family.
And also you have the right to continue to see your children, which is also proof that you have not abandoned them.
Could that support be in a form of receipts for goods for my child?
If it is court ordered child support, that is money paid to the custodial parent. Prior to a court order, so long as the mother is in agreement, like should be fine.
Should you have any followup questions, please do not hesitate to ask.