Uncontested Divorce With Two Children and Agreed Child Support Below Guideline

The Situation

A married couple with two school-age children agreed to end the marriage and had already worked out most of the arrangements themselves. Both lived in Florida, in different parts of the state, and neither lived in the county where the case was ultimately filed. They owned no real estate and no vehicles. Each had a small 401(k) in their own name, and the children were covered by Florida Medicaid at no cost. One of the children receives support services at school, which the parents wanted reflected in the parenting plan. The mother hired the firm, and the father took part by signing the documents. Their main questions were how to set a time-sharing schedule that fit their work and the children's school needs, and how to handle a child support figure the parents had settled on between themselves.

What They Agreed On

The parents share parental responsibility and make major decisions together, and both take part in school planning meetings for the child who has support services. The children live primarily with the mother, and the father has a weekly overnight that sometimes starts on Friday after school by week-to-week agreement, which works out to roughly 261 overnights a year with the mother and 104 with the father.

The firm calculated guideline child support on the standard worksheet. The parents then agreed on a monthly amount that is lower than the guideline figure, and the agreement explains that the figure reflects the time-sharing schedule and shared child-related expenses. The father pays through an electronic transfer on the first of each month, beginning the month after judgment. The mother keeps the children's Medicaid coverage and claims both children for tax purposes each year. Both spouses waived alimony, and each keeps their own retirement account.

How the Case Moved

The firm drafted the full packet from the intake answers and sent it to both parents for review. After the child support figure was confirmed in writing and the signed documents were notarized remotely, the case was filed 47 days after the mother hired the firm, under a written venue agreement. The court entered the Final Judgment 2 days after filing, which is 49 days after hire. The judgment ratified both the settlement agreement and the parenting plan.

What Slowed It Down

The main delay was the child support figure. Because the amount the parents chose was lower than the worksheet's guideline number, the firm held the worksheet open until the parents confirmed the agreed amount in writing. A card also had to be placed on file for the court's filing fee after the documents were signed, and filing waited for that.

What Other Couples Can Take From This

When parents choose a child support amount that differs from the guideline calculation, the agreement can state the agreed amount, state that it reflects the time-sharing schedule and shared expenses, and attach the worksheet so the court can see the comparison. Confirming that figure in writing before anything is signed kept the documents from being redone afterward.