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The court will have the final say in child support agreements

In any divorce that involves children, dealing with matters involving them can be stressful. Although child support is one issue that is typically determined by the court, Illinois parents may be involved in the process. Those who can work together to negotiate a child support agreement that specifies the amount, payment frequency and duration may do so. Discussions can occur with or without attorneys being present, although it makes sense to have a family law attorney finalize the agreement.

Another option is for parents to use option for alternative dispute resolution to resolve child support issues. They could utilize the services of a qualified family law mediator to provide a platform for peaceful negotiation and to encourage communication and compromise when necessary. Each spouse's attorney may be present to provide legal guidance, because a mediator may not do that. Here too, the attorneys typically handle the drafting of the final agreement.

Couples may choose to discuss child support as part of a collaborative divorce process. This process involves the spouses along with their attorneys and other professional advisers to come together and work out an agreement. In all these cases, the court will have the final say after evaluating the written agreement. There might be a hearing at which some questions might be asked, and if the court is satisfied that it is in the best interests of the child, it enter a court order making the agreement legally binding.

Parents could also leave it to the court to determine and order child support. Illinois parents who are unsure about their rights and options when it comes to child support can get all the relative information from an experienced family law attorney. A lawyer can also ensure that a negotiated child support agreement complies with legal requirements before presenting it to the court for approval.

Source: FindLaw, "Child Support by Agreement", Accessed on May 25, 2018

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Courtney ∙ Clark Law, P.C.
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Belleville, IL 62220

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