Informal child support agreements are negotiated directly between the spouses. They can involve two lawyers, one lawyer or no lawyers. They are often negotiated as part of the overall divorce decree but do not have to form a part of it. But informal child support agreements aren't entirely enforceable on their own, like a divorce decree. This post will go over these agreements and how you can get one to be enforceable.
These agreements, while they may sound appealing, are complicated to execute. First, you and your spouse must agree on all child support issues, such as the total payments, frequency and when they end. Furthermore, calculating child support is a complicated procedure. You must take into account your child's needs, each of your incomes and then deduce a support figure.
But if you can work through all of that, then you have the makings of a child support agreement. But you still must get it certified by the court.
The court retains ultimate jurisdiction over any matter that involves children, to ensure that the best interests of the child are represented. The judge will always stand as the arbiter that ensures the child is protected. Once the judge reviews the agreement and determines it is fair to everyone, then it is certified and enforceable.
Many things go wrong during this process, so you may want to speak to a lawyer. You don't want to risk the enforceability of your child support agreement because you forget to account for a crucial fact. A lawyer can determine if everything is in order.