Payment of child support can come about in one of three main ways:

• Agreed upon in informal negotiations between the parents (usually with attorneys)

• Resolved through use of out-of-court alternative dispute resolution (ADR) proceedings

• Decided when a child support order is entered by a court.

The following overview focuses on resolution of child support payment through use of the first two methods mentioned above: agreement between the parents through informal settlement negotiation and use of ADR processes such as mediation and collaborative family law. Note: Even if your child support situation is resolved outside of court, in most states you will need court approval of your agreement to ensure that it complies with state guidelines on child support.

Agreement through Informal Negotiations

If parents are willing to work together informally to resolve all issues related to child support (including payment amount, frequency of payments, and duration) they can negotiate an agreement with or without the assistance of attorneys. In some cases, the parties in a child support dispute may prefer to have their positions negotiated by an attorney, or the parties may negotiate themselves, and can consult their attorneys prior to finalizing any agreement.  The specific settlement negotiation process will vary in most cases, but the ideal end result of successful settlement talks in a child support case is a written agreement. This written agreement may be referred to as a "settlement agreement," and in some child support cases (such as those that are part of a divorce) the agreement on child support may be a part of a larger "divorce agreement" or "dissolution agreement." (more on finalizing this agreement below.)

Alternative Dispute Resolution (ADR) and Child Support

For parents who need to resolve a child support matter, another option is alternative dispute resolution (ADR) -- including processes such as mediation and collaborative law. ADR may prove to be a beneficial tool in resolving child support issues, depending on factors such as the degree to which the parents are in dispute on key issues related to child support and their willingness to work together to resolve those issues.