Child support can quickly become a point of contention during a divorce. This is one of many reasons why child support is normally dictated by the court. The judge may tell you how much that the noncustodial spouse will pay based on the guidelines for the state.
However, it is potentially possible to negotiate child support. As long as you and your spouse can agree on how much support is necessary, then you may not need to ask the judge to base your support on the state guidelines.
Keep in mind that the judge does have to approve any requests that you make in terms of child support. If you want to increase it, reduce it or accept a lower amount than is typical for the state, you will need to provide good documentation to show why this is in the best interests of your child or why you can’t afford higher payments.
What should I do if the other parent isn’t paying?
If you do have a child support order that the other parent is not paying, there are a few questions that have to be asked. First, can they afford it? If not, they need to seek a modification in court. If they can afford it and simply will not pay, then you can take them to court, and ask the judge to enforce the order. This could result in garnishing the other parent’s wages or the use of other enforcement techniques to get you money for your child. Your attorney can talk to you more about the options you have.