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CHILD SUPPORT AGREEMENT
Under the laws of the State of ________
This Child Support Agreement (this “Agreement”) is made and entered into as of ________ (the “Effective Date”), by and between the Parties identified below.
BACKGROUND:
A. This Agreement concerns the minor child or children of the following Parties (each a “Party” and together the “Parties”):
Party One:
________
________
Telephone: ________
Party Two:
________
________
Telephone: ________
B. There is/are ________ child(ren) of the relationship between the Parties, as follows:
________, born on ________ (each a “Child” and collectively the “Children”).
C. The Parties enter into this Agreement with the paramount intent of promoting the best interests of the Child and of providing for the Child’s reasonable support and necessities. The Parties acknowledge that the obligation to support the Child belongs to the Child and may not be permanently waived or bargained away by either Party, and that all support provisions remain subject to review, approval, and modification by a court of competent jurisdiction.
§ I. CHILD SUPPORT AND FINANCIAL ARRANGEMENTS
1. The Parties recognize that there is a current child support order entered by ________ under docket/case number ________. Under that order, ________ is responsible for paying child support in the amount of $________ (________). That court maintains continuing, exclusive jurisdiction over the child support case. A copy of all orders related to child support is attached and incorporated by reference.
2. The Parties have agreed to seek a modification of their current child support order and acknowledge that the proposed change shall not be legally binding or enforceable until it has been reviewed and approved by, and entered as an order of, the court having jurisdiction. The current child support order shall be obeyed in full until any modification is approved and entered by the court.
3. The Parties agree that ________ will pay child support in the amount of $________ (________) per month. The Parties acknowledge that this amount has been calculated by reference to the applicable child support guidelines of the State identified above and the respective incomes and circumstances of the Parties, and that any deviation from the presumptive guideline amount must be approved by the court.
4. Child support payments will begin on ________ and will be paid on the ________ day of each month by the following method: ________. Payments shall be made through the State disbursement unit or as otherwise directed by court order or applicable law.
5. In addition to the foregoing, ________ will pay a total of $________ (________) at the same frequency as the regular child support payments to cover the following additional child-related expenses:
________
Payments for these additional expenses will begin on ________ and will be paid on the ________ day of each month.
6. The Parties agree to exchange complete copies of their federal and state income tax returns, together with any notices of assessment, reassessment, or other proof of income, on an annual basis on or before ________ of each year, as reasonably necessary and relevant to the calculation of child support and the planning of parenting time.
7. ________ will maintain health insurance, including medical and dental coverage, for the benefit of the Child for so long as such coverage is available at reasonable cost through employment or otherwise. The Parties shall share uninsured and unreimbursed medical, dental, optical, orthodontic, and prescription expenses for the Child in the following proportions: ________.
8. Subject to the laws of the State identified above and any applicable court order, child support payments, additional child-related expenses, and the maintenance of health insurance will continue with respect to each Child until the earliest of: (a) the Child reaching the age of majority (18 years) or such later age to which the support obligation extends under applicable State law (including continued support during high school enrollment); (b) the Child’s emancipation, marriage, or entry into active military service; or (c) the Child’s death, except that support for a Child who is mentally or physically disabled and unable to be self-supporting may continue as provided by applicable law and court order.
§ II. ADDITIONAL COORDINATION DETAILS
9. Both Parties are entitled to important information regarding the Child including, but not limited to, the Child’s current address and telephone number, and the Child’s educational, medical, governmental-agency, psychological, and law-enforcement records, to the extent permitted by applicable law.
10. Information about the Child’s progress in school and any school activities is equally available to both Parties. Both Parties are encouraged to consult with school staff regarding the Child’s welfare and education.
11. Both Parties will immediately notify each other of any emergency circumstance or substantial change in the health of the Child.
13. Both Parties will encourage liberal and frequent contact between the Child and each Party and will refrain from making any disparaging or negative remarks about the other Party in the presence of the Child.
14. Both Parties will make every reasonable effort to cooperate with each other in matters concerning the care, welfare, education, and upbringing of the Child and to make joint decisions in the best interests of the Child whenever possible.
15. Each Party acknowledges that this Agreement and the child support provided herein are intended for the benefit and support of the Child, and that the support obligation may be enforced by income withholding order and by any other lawful means available under federal and State law, including Title IV-D of the Social Security Act and the Uniform Interstate Family Support Act as adopted in the governing State.
§ III. GENERAL PROVISIONS
16. Each Party acknowledges that they have read and understood this Agreement, that they have had the opportunity to seek independent legal advice, that they have made a full and fair disclosure of their respective financial circumstances to the other, and that they are entering into this Agreement voluntarily and without any undue influence, fraud, coercion, duress, or misrepresentation by any Party.
17. This Agreement contains the entire agreement between the Parties concerning the support of the Child and supersedes any prior written or oral agreement between the Parties on the subject matter hereof.
18. Should any portion of this Agreement be held by a court of competent jurisdiction to be invalid, unenforceable, or void, such holding will not invalidate or void the remainder of this Agreement, and the portion so held will be deemed amended, reduced in scope, or stricken only to the extent required for purposes of validity and enforcement.
19. In the event a dispute arises regarding this Agreement, the Parties will use good-faith efforts to resolve the matter through negotiation or mediation before initiating any court action, except that nothing herein shall limit either Party’s right to seek immediate relief from a court for the protection of the Child.
21. Each Party agrees to act with the utmost good faith and fair dealing toward the other in all aspects of this Agreement.
22. The Parties agree to execute and deliver such further documentation as may be reasonably required to give full force and effect to each term of this Agreement, including any documents necessary to obtain court approval hereof.
23. The headings of this Agreement form no part of it and have been included only for convenience of reference.
24. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.
25. If the Parties reconcile, the terms of this Agreement will remain in effect unless and until the Parties revoke it in writing signed by both of them.
26. This Agreement may only be terminated or amended by a writing signed by both Parties and, where required, approved by the court.
27. This Agreement will be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the jurisdiction and venue of the courts located in ________ County, ________, for any matter arising under this Agreement.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
ACKNOWLEDGMENT
State: ________
County: ________
On this ________ day of ________, ________, before me, the undersigned notary public, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is signed to the foregoing Child Support Agreement, and acknowledged to me that they executed the same as their free act and deed, without any force or duress, for the purposes therein contained.
In witness whereof, I have set my hand and official seal.
______________________________
NOTARY PUBLIC
My commission expires: ________
ACKNOWLEDGMENT
State: ________
County: ________
On this ________ day of ________, ________, before me, the undersigned notary public, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is signed to the foregoing Child Support Agreement, and acknowledged to me that they executed the same as their free act and deed, without any force or duress, for the purposes therein contained.
In witness whereof, I have set my hand and official seal.
______________________________
NOTARY PUBLIC
My commission expires: ________
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