Child support in agreement


#1

Does the child support paragraph in your separation agreement trump the ability to file with CSE? My (unsigned) agreement currently states that there will be no child support until he is working. If I sign this, does it prevent me from filing a CSE claim?


#2

No, you may file with CSE, however you will have to overcome a presumption that the support outlined in the Separation Agreement is the amount sufficient to meet the child’s reasonable needs and is in the children’s best interest. Agreeing to an award of zero will act as a hurdle moving forward. I suggest you remove the language regarding child support all together.