ADR Options

ADR processes tend to be less adversarial and more casual than the traditional court setting, and may facilitate early settlement. With mediation and collaborative family law, parents in a child support dispute (along with their attorneys) have an opportunity to play an active role in resolving key decisions related to child support, instead of having a third party (judge or jury) make those decisions. Rarely used in family law cases, arbitration is a more structured ADR option, in which a neutral third-party makes decisions after hearing each side's evidence and arguments. The arbitrator's decision in a child support is not necessarily final, and the parties may still be able to resolve key issues before a court at a later date.  

More on Mediation in a Divorce Case

More on Collaborative Family Law

Finalizing the Child Support Agreement

Whether the parties resolve a child support dispute out-of-court through informal negotiation or ADR, the ideal result is a written document which finalizes what was agreed upon. This agreement is usually shown to a judge for final approval, to ensure that what the parents have agreed to also complies with state guidelines on child support. An informal court hearing may follow, during which the judge will ask some basic factual questions to make sure that each party understands the terms of the agreement.

As long as the judge is satisfied that the child support agreement was fairly negotiated, and that the terms do not contradict state guidelines, the agreement will almost always receive court approval. In most states, the agreement then becomes a binding court order or "decree," and the parents or other parties to the agreement must adhere to it or face legal consequences. For example, if a child support settlement agreement has been converted into a court order, and the agreement is violated by a father who repeatedly fails to make support payments on time, the mother can go to court to enforce her rights to child support payments under the order, and the father will face additional fines or even jail time if he fails to meet his child support obligations under the order.