Child support is typically determined based on the needs of the child and the ability of the parent to pay. In most states, there are guidelines that outline how child support should be calculated, based on factors such as the income of the parents, the number of children, and the custody arrangement. However, mediation is a personal and private experience, where you and your spouse decide what is best for your family. 

In court, a judge will typically follow the applicable child support guidelines to determine the amount of child support that should be paid. The judge may consider other factors as well, such as the financial resources of the parties and the needs of the child. The judge's decision is usually final and is typically based on the evidence presented in court.

In mediation, the parties have more flexibility to determine the amount of child support that is fair and mutually acceptable. The mediator may provide information and resources to help the parties understand the child support guidelines and the financial needs of the child, but the parties are free to agree on an amount of child support that meets their needs and circumstances. The agreements reached in mediation are not legally binding unless they are turned into a settlement agreement or court order.

For example, a judge may order one parent to pay child support to the other parent on a regular basis. The judge may also order one parent to pay a lump sum or arrearage (back child support) to the other parent. The child support order is typically enforceable by law and the parent who fails to pay may face consequences such as wage garnishment or a contempt of court citation. In mediation, the parties have more flexibility to craft a child support agreement that meets their specific needs and circumstances. The parties may agree to share the cost of certain expenses directly, rather than one parent paying the other a set amount of child support. The parties may also agree to deviate from the applicable child support guidelines if they have good cause to do so.

Further, a judge may require the parties to submit financial information and documents, such as tax returns and pay stubs, to help determine the appropriate amount of child support. In mediation, the parties may choose to exchange financial information and documents voluntarily, or they may agree to rely on their own knowledge of their finances to reach an agreement.

Lastly, in court, the child support order may be modified in the future if there is a significant change in circumstances, such as a change in the income of one of the parties or a change in the needs of the child. In mediation, the parties may agree to review and modify the child support agreement in the future if needed, but the agreement is not automatically subject to review by a court.

It is important to note that child support is typically intended to cover the basic needs of the child, such as food, housing, and clothing. Special expenses, such as medical expenses or education costs, may be addressed separately in the child support agreement. Our mediators understand each family has unique needs and circumstances. 

Schedule a consultation with Bop Services to learn more about how we will tailor your client experience for you and your family.