Can the parties make their own agreements for child custody, visitation, child support, property division, and other rights?
The courts strongly encourage parties to reach their own agreement on all of these matters, with the exception of child support. If the parties come up with their own agreement, the court will require them to demonstrate that they understand the agreement, that they have entered into their agreements after an appropriate exchange of information, and that they have entered the agreement voluntarily and without duress. Child support is determined according to guidelines that are set by the Legislature. These guidelines require each parent to contribute a pre-determined amount to the support of their child. The court cannot deviate more than slightly from these guidelines unless the court makes findings that there is a good reason to do so. One reason to adjust upward could be that the child has extraordinary health needs. One reason to adjust downward could be that the child has his or her own source of income, such as a trust fund.
Related Questions
- If the Division of Child Support Enforcement is already enforcing the support obligation, can they also enforce visitation rights that are contained in the order?
- DOES THE PROSECUTING ATTORNEY OR THE CHILD SUPPORT DIVISION ALSO DETERMINE CUSTODY OF THE CHILDREN AND VISITATION RIGHTS, OR SETTLE VISITATION DISPUTES?
- Can the parties make their own agreements for time-sharing schedules, parenting plans, child support, property division, and other rights?
