It is absolutely unnecessary to go to court to set a child support obligation. If the parties responsible for payment of the child support can reach an agreement as to the amount of the support to be paid as well as the manner, then they can create either a consent order or an agreement regarding child support. A consent order simply means that the parties have chosen to memorialize their agreement in the form of a court order which they both sign and acknowledge and submit to a judge for his or her approval and filing. The consent order is more easily enforced but an out of court agreement may also prove useful. The requirement of a court hearing to establish child support is always a last resort when the parties cannot come to an agreement. However, if a hearing is required then the parties will have to provide evidence regarding: names and ages of the children for whom support is sought, names and ages of any other children or persons for whom the parties are legally and financially responsible, the gross incomes of the parties from all sources, the costs for work-related child care costs, health insurance costs, and extraordinary costs of the children for whom support is sought. In guidelines case, this information will be plugged into a worksheet and the child support obligation calculated. If either party or the court requests a deviation from the presumptive guidelines, in addition to the above evidence, the court will want detailed descriptions and proof of the monthly needs of the children and why the presumptive guidelines are inappropriate in this case. If either party is seeking reimbursement of attorney’s fees and costs, then evidence of those fees and costs must be presented.
