How to Start Paying Child Support Without Court Involvement

As a father, navigating the process of paying child support without involving the court can be challenging, but there are steps you can take to ensure everything is done correctly and legally. Here’s a guide to help you through the process.

Verbal Agreements and Mutual Payments

One simple approach is to reach a verbal agreement with the mother of your child. If both parties are willing to work it out and have a mutual understanding, you can start paying the child support. This method involves writing out monthly checks and keeping copies of the checks for your records. It's important to verify that the agreed-upon amount is accurate and can be legally enforced.

For example, if you earn $2,500 gross before taxes and the agreed-upon percentage is 22%, your monthly check should be $550. Be sure to confirm that the 22% is the correct percentage to pay in your area, as this can vary.

Differences in Legal Documentation

While a verbal agreement can help, it does not count as official child support. To make it legally binding, you need to file in court and have the amount approved by a judge who will order a legal child support court order. This step is crucial because if the other parent ever challenges the payments or the amount, a court order provides a solid legal basis.

Understanding the Legal Process

One common misconception is that once a father agrees to pay a certain amount, he can simply make the payments without involving the court. However, a separate court case could challenge this arrangement. For instance, if your son was paying child support without a court order, he was legally required to file with the courts to ensure the payments were enforceable.

Many courts offer law libraries with forms that you can fill out to file a child support order. Clerks can guide you but cannot advise you or fill out the forms unless they are actual attorneys. File the forms, appear in court, and have everything done legally to avoid any future challenges.

Payment Methods and Documentation

The preferred method of payment is a certified check. When your ex-partner cashes the check, a photo of it will be visible in your bank portal. Keep copies of both the front and back of the check for your records. If you opt to send a physical check, consider using Certified Mail with a Request for Return Receipt. This will provide proof that you sent the check and that it was received.

It is highly recommended that you consult with an attorney. An attorney can advise you on whether the amount you are agreeing to pay is more or less than what the court would order. They can also help you navigate the legal process and ensure that all documentation is in order.

Conclusion

While starting to pay child support without involving the court can be tempting, it is crucial to understand the risks involved. A verbal agreement is not enough; a court order is necessary to ensure the payments are legally enforceable. By taking the steps outlined here, you can help ensure that your child support payments are made appropriately and without legal complications.