We were married less than a year and are now separated. Currently filing for an uncontested divorce. She does not want child support. I give her money each month. Is it possible to attend mediation and let the Judge know that we have our own arrangements when it comes to child support so that the Judge doesn't order child support? Do we have to file a motion to deviate from child support guidelines? My attorney friend tells me that in the State of Florida, I will be put on child support because they look at the child's best interests. I also have a friend that went through a divorce and when at mediation, they told the Judge that they already have an arrangement with the child support so the Judge didn't order it. They did have attorneys representing them. I am filing for divorce on my own so I want to make sure I do it correctly since I will not be hiring an attorney due to costs. Any advice would be greatly appreciated.
Strictly speaking, Florida law requires that child support be put in the agreement and paid on a periodic basis. Child support belongs to the child, not the parent, and it must be paid according to Florida child support guidelines. Some judges can be less strict about this than others, though, so you may get away with not putting child support in the agreement, though. Child support can be added to the agreement by the receiving parent at any time, though.
It appears to me that you trying to save money is not the way to go, and that it might just end up costing you a lot more. You need to put child support into the agreement and it has to be ordered by the court. Plain and simple, it does not matter what other people have done that you have heard about.
David R HartwigFamily Law AttorneySalt Lake City, UT ·
Generally speaking child support will be required, but you may be able to deviate from the guidelines. Check with your attorney, or if you don't have one, get with an experienced local family law attorney to review your situation.
Some judges are more strict about child support being included than others. Even if you succeed in slipping through an agreement without child support, it can be modified to add child support at any time.
Run the guidelines to see how much support would be. Then agree to a deviation in the agreement. State a purpose for the deviation (i.e. due to the overall financial arrangement contained in the agreement, unequal distribution of assets, etc.) and mention that the deviation is in the best interests of the child. That maximizes the chances the court will approve your "private" arrangement. Still, the other answers are correct and most likely, even if the judge approves, the no-child-support provision of the agreement will be easily modified.
