Child support, like many other elements in divorce, does not have to be decided by the court. Pretrial agreement is not uncommon and is often the arrangement that is awarded by the court; otherwise the court will refer to state guidelines to determine the amount of support.
It is each parent's responsibility to explain unique situations to the respective attorneys. It is the job of the parents, with the help of their attorneys, to iron out an agreement of what is reasonable. An agreement reached before trial is almost always a more successful one, because it is the parents who best understand the specific needs and capabilities of the family members.
When negotiating child support issues with your attorney and/or opposing party, keep in mind these factors that the judicial system takes into consideration:
- quality of lifestyle the child would have most likely experienced had the divorce not taken place.
- financial resources of each parent
- age and health of each parent
- income and earning capabilities of each parent
- willingness both parents demonstrate to allow visitation
- impact on each parent maintaining two households.
- child's educational needs
- age and health of the child.
- he possibility of the child obtaining employment
- tax liabilities of each parent
- desire on the part of each parent to have sole or joint custody
- employment stability and potential of each parent