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How to write a child support agreement


Prepare a child support agreement | California Courts

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If you and the other parent agree about child support, you can have your agreement made a court order without having to go in front of a judge. 

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Before making an agreement, read about how child support works. You'll want to know things like: 

  • How child support is calculated 

  • How much child support should be paid each month  

  • What the judge considers in order to make a decision if you don’t agree 

It may also help you to try to come up with agreement about child custody and parenting time at the same time, but you don’t have to.  Your court’s Family Law Facilitator can explain custody and parenting time and may be able to help you write up an agreement for child support and custody.

  • Decide on the amount of child support

    You’ll need to discuss and agree on these things: 

    Share the amount of your monthly income

    You will need to tell each other how much money you make each month before taxes. The easiest way to do this is show each other proof, like copies of your recent paystubs.  

    Figure out the court's amount of “guideline” support   

    A judge will only approve an agreement if they know how much child support would be if you went to court. This is called “guideline” child support. You can agree to a different amount but still need to tell the court the “guideline” number. To calculate child support, use the child support calculator. 

    Agree who will pay for health insurance 

    In addition to child support, the parties must also agree which parent will be responsible for health insurance for your children. Health insurance is required if it is available at a reasonable cost.  

    Agree who will pay for other expenses 

    In addition to child support, the parties can also agree how the parents will pay for other things like child care, uncovered medical expenses, and travel expenses for visitation.  

    Once you agree on all these issues, you need to write up the agreement. 

  • Write up the agreement

    You can use Stipulation to Establish or Modify Child Support Order (form FL-350) for your agreement.  You both have to sign page 3 of the form. 

    If you want child support to be taken directly out of one of the parent’s paycheck, you will need to file another form called an Income Withholding Order (form FL-195). 

    If the local child support agency (LCSA), in some counties called the Department of Child Support Agency, is part of your case, their attorney will need to sign the agreement. They will also take care of processing an Income Withholding Order.

    Your court’s Family Law Facilitator may be able to help you write up your agreement. 

    Find a self help center

  • Sign and make copies of the agreement

    Both you and the other parent need to sign and date the agreement. Then you need to make 2 copies of the agreement. 

    Make sure you understand the agreement before you sign it. 

    You can always ask a lawyer to review the agreement before signing. Even if you don’t hire a lawyer for your whole case, they can be paid hourly to review documents and give you advice. Your court's Family Law Facilitator can also help explain the agreement. But, a Facilitator can't advise you whether to sign or not.

     

  • Take your agreement to get the judge’s signature and pay fee

    Unlike other forms, agreements don’t get filed right away. A judge has to sign the agreement before it can be filed. You will generally need to pay a filing fee.

    Ask a clerk or the Family Law Facilitator: 

    • Where to bring the agreement to get a judge’s signature 

    • How you get the signed agreement back 

    • What your fee will be

    It may take several days to get the signed copy back. You may be able to pick it up in person or have the court mail it to you.  

    There is usually a fee to file an agreement. The fee is generally $20. If one of you hasn't paid their first filing fee ($435-450) that person may also need to pay this fee. If you can't afford the fee, you can ask for a fee waiver.

  • Give a copy of the agreement to the other parent

    When you get back the signed agreement: 

     

Once your agreement is filed, it’s a court order. This means you and the other parent must follow the order.  

 

 

Child Support Agreement - Template

A Child Support Agreement is used by parents to lay out the details of how they will divide the financial burden of raising their children even though they are no longer romantically involved. The Agreement addresses issues such as paying child support, healthcare expenses, and additional expenses related to raising children. Parents can use this document to come to a mutually satisfactory plan about how they will assign the responsibility of paying support that will be used for the maintenance of the children without needing to give up control of decision making to a judge. If both parents can be civil and work in the best interests of their children, they can save time, money, and energy by creating a Child Support Agreement by themselves.

If the parents would like to create agreements about custody and parenting time schedules, they should use a Child Custody Agreement.


How to use this document

This Agreement gives the parents the option to alter an existing child support agreement or to create a new child support agreement. Child support is generally based on a calculation that weighs the amount of time each parent will spend with the child and the parents' respective incomes and assets. A number of child support calculators can be found online. However, parents can elect to come up with their own agreement regarding child support without using the calculation. The caveat is that a judge has the final say regarding child support. However, judges generally approve any reasonable support agreement and are willing to give the benefit of the doubt to two parents who have worked together to create a child support agreement. In addition to specifying the child support amount, start date, and cut-off date, parents can assign responsibility for paying for the children's healthcare, education, and additional expenses.

Once the parents finish creating the Child Support Agreement, they can elect to have their own attorneys review the document and then sign, either in front of their attorneys or witnesses and a notary. The Agreement should then be filed with their local court so that a judge can approve the agreement and make it official. The parents should keep copies of this document for themselves to refer to in case of dispute, misunderstanding, or a desire to create a written alteration of the agreement.

Applicable Law

Child support is a matter of both state and federal law. Every state except Massachusetts has adopted the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The UCCJEA dictates that child support and custody litigation pertaining to a particular child will occur in that child's home state, defined as the place where they have lived for six consecutive months prior to the litigation. If a child has not lived in any state for six consecutive months, their home state is defined as the state with significant connections to the child and at least one of the parents as well as substantial evidence regarding the child's care. Once a state takes the case, called jurisdiction, they then retain control over the case until a court decides that the child no longer has a connection to that state.

In determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interests of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing include the agreement in the official legal documents. However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the children involved.


How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

2.2. Child support agreement

A child support agreement is a mutual agreement between parents regarding the payment of child support for minor children. Such an agreement determines the amount of payments, the frequency of transfers, and the method of withholding payments.

In accordance with Art. 103 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) the amount of alimony paid under an agreement on the payment of alimony is determined by the parties in this agreement. At the same time, the amount of alimony established by an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive when collecting alimony in court. The amount of alimony is subject to indexation , which is carried out in accordance with the agreement on the payment of alimony (Article 105 of the RF IC). If the indexation procedure is not provided for in the agreement, indexation is carried out in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place of residence of the person receiving alimony, and in the absence of the specified value in the corresponding subject of the Russian Federation, in proportion to the increase in the value the subsistence minimum for the relevant socio-demographic group of the population, established as a whole for the Russian Federation (clause 1 of article 117 of the RF IC). nine0003

The agreement on the payment of alimony also determines the methods and procedure for paying alimony (Article 104 of the RF IC). So, alimony can be paid:

in shares of earnings and (or) other income of a person obliged to pay alimony;

in a fixed sum of money paid periodically;

in a lump sum paid in cash;

· by providing property;

· in other ways as agreed. nine0003

A child support agreement may provide for a combination of different ways of paying child support.

An agreement on the payment of alimony is concluded in writing and is subject to notarization . Failure to comply with this requirement entails the nullity of the agreement (Article 100 of the RF IC). A notarized agreement on the payment of alimony has the force of a writ of execution. This means that if the obligated person evades the payment of alimony, the other party has the right, bypassing the court, to directly apply to the bailiff service for their enforcement. nine0003

The provisions of the Civil Code of the Russian Federation governing the conclusion, execution, termination and invalidation of civil law transactions are applied to the conclusion, execution, termination and invalidation of an agreement on the payment of alimony (clause 1 of article 101 of the RF FC).

The maintenance agreement may be amended or terminated at any time by mutual agreement of the parties. The change or termination of the agreement on the payment of alimony must be made in the same form as the agreement on the payment of alimony itself, i.e. notarized (clause 2 of article 101 of the RF IC). nine0003

Unilateral refusal to fulfill an agreement on the payment of alimony or a unilateral change in its terms is not allowed (Clause 3, Article 101 of the RF IC).

In the event of a significant change in the financial or marital status of the parties and if an agreement is not reached on changing or terminating the agreement on the payment of alimony, the interested party has the right to apply to the court with a claim for changing or terminating this agreement. When deciding on the issue of changing or terminating an agreement on the payment of alimony, the court has the right to take into account any noteworthy interest of the parties (clause 4 of article 101 of the RF IC). nine0003

An agreement on the payment of alimony may be declared invalid by a court order at the request of the legal representative of a minor child or a guardianship and guardianship authority or a prosecutor in the event that the conditions for providing maintenance to a minor child significantly violate his interests, in particular in case of non-compliance with the requirements on the amount of alimony (Article 102 of the RF IC).

material maintenance paid by some family members for the benefit of others. Maintenance obligations are provided for parents and children, spouses and former spouses, as well as other family members. In particular, able-bodied adult children are obliged to support their parents, who have the right to demand alimony in case of disability and need for material assistance. Alimony is payable monthly, unless otherwise provided by law or the maintenance agreement. nine0003

and ____________________________________________________________________,

native of ____________________ region __________________ year of birth, residing at the address: ___________________________________________________, hereinafter referred to as the "Alimony Payer", on the other hand, being the parents of a common minor child ________________________________________, ____________________ year of birth, in connection with the dissolution of marriage and in in accordance with Articles 143-148 of the Law of the Republic of Kazakhstan "On Marriage and Family", have concluded this agreement as follows:

1.
Subject of the agreement

1.1. The subject of this Agreement is the payment of alimony intended for the maintenance of a common minor child of the parties ___________________, ________ year of birth.

2. Rights and obligations of the parties

2.1. The alimony payer undertakes to pay alimony in the amount, in the manner and within the time limits stipulated by this Agreement.

2.2. The recipient of the alimony undertakes to dispose of the alimony strictly for its intended purpose. Under the proper disposal of alimony, it is understood that the Recipient of alimony undertakes to spend the funds received strictly on the maintenance of the child and only to pay for his needs in food, clothing and footwear, in proper education and development, and recreation. nine0003

2.3. The Recipient undertakes to keep a log of the expenses of the alimony received and provide this log to the Payer for verification at his request.

3. Amount and procedure for payment of alimony

3. 1. The monthly amount of alimony is __________ monthly calculation indicators established by the current legislation at the time of payment.

3.2. The Parties confirm that the amount of alimony established under this Agreement is not lower than the amount of alimony that would have to be paid when collecting alimony in court. nine0003

3.3. Alimony is paid by the Alimony Payer no later than the ____ day of the month for which the payment is made.

3.4. Alimony is paid in cash at the place of residence of the Alimony Recipient and is issued by the Alimony Recipient's Receipt or by transfer to a bank account opened in the name of the Alimony Recipient.

4. Period of payment of alimony

4.1. The beginning of the payment of alimony is the day of notarization of this Agreement. nine0003

4.2. The end of the payment of alimony is the day the child reaches the age of majority.

5. Liability of the parties

5.1. In case of non-payment or late payment of alimony, which arose through his fault, the Alimony Payer shall pay the Alimony Receiver a penalty in the amount of ___ (_________) percent of the amount of unpaid alimony for each day of delay.

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