In most states the parents of a minor child may agree to the amount of child support, and courts encourage the parents to do so. But the court will generally review the agreed amount of child support and determine whether it is in the best interest of the child before signing a child support order. And if the parents later agree to change the amount of or need for child support, they should return to court and get a signed order that reflects the agreed or changed amount, as only the court may change the legal obligation under a child support order.
In New York, parents of a minor child can come to an agreement regarding the amount of child support. This collaborative approach is often encouraged as it can be more amicable and efficient. However, any agreement made by the parents must be reviewed and approved by the court to ensure that it meets the child's best interests. The court will evaluate the agreement against the state's child support guidelines to ensure that the support provided is adequate. If parents wish to modify the child support amount or the need for it changes, they must petition the court for a modification of the existing order. The court will then review the new circumstances and decide whether to approve the change. It is important to note that until the court signs a new order, the original child support order remains in effect and legally binding. Therefore, any informal agreements between parents to change the amount of child support without a court order are not enforceable under New York law.