Can Parents Agree to Change Child Support Outside of Court?

Deciding whether parents can change the amount of child support outside of court is a complex matter. While the court's initial order is typically expected to be honored, circumstances can change. Here, we explore the implications and potential consequences of such agreements and the importance of legal oversight.

Understanding Court Orders and Their Enforcement

When a court orders child support, it is an official legal decision. Even if parents come to an agreement outside of court to change the support amount, the court's initial order remains legally binding. Child Support Services can report any deviation from the original order, particularly if the amount is significantly lower. This can lead to legal complications, penalties, and potential arrears.

Consequences of Paying Less Than Ordered

Ignoring a court-ordered child support amount can have severe repercussions. If a parent pays a different amount without the court's permission, they run the risk of incurring legal penalties, including:

Arrears for the full amount plus interest and costs. Possible legal action to recover the owed funds. Potential wage garnishment or difficulties in obtaining other legal benefits.

It is crucial for both parents to understand that changing the child support amount without a court order can lead to serious financial and legal troubles.

The Importance of Parental Agreement and Legal Oversight

Even if both parents agree to a new child support arrangement, it is advisable to formalize this agreement through the court. This is because the court's involvement ensures that the new arrangement is legally binding and enforceable. Without legal oversight, the agreement may not be upheld if either party disputes it in the future.

Why a Court's Involvement Is Important:

It ensures that the new arrangement is fair and reasonable. It protects both parents from future legal disputes. It prevents one parent from acting recklessly or unilaterally.

Frequent Questions and Considerations:

Can Parents Simply Agree to a Lower Amount Without Going to Court?

While parents can agree to a lower amount of child support outside of court, doing so without court involvement may not be advisable. If the children are being adequately cared for, no one may notice, and the arrangement may hold. However, if the court initially ordered a specific amount, any deviation should be formally documented and approved by the court to avoid future legal issues.

What If the Payor Defaults on the Lower Amount?

If the payor stops paying the agreed-upon amount, the earlier court order automatically resumes. Any unpaid amount, including interest and penalties, will be retroactive. This retroactive arrears can create significant financial burdens for the payor.

In conclusion, while parents may feel that they can negotiate a lower child support amount outside of court, it is generally best to have the court's involvement to ensure that the agreement is legally binding and enforceable. Ignoring the court's initial order can lead to substantial legal and financial consequences for both parents.