Can Mediation Override Support Guidelines?

If you’re going through a divorce in Orlando, you might have heard about various “support guidelines.” These rules are set by family courts in Florida, and they might seem difficult to avoid. On the other hand, you might have heard that it is possible to create your own agreement through mediation. But which takes precedence in this situation? Will a family law judge override private agreements you create with your spouse? Who has the power to control child support and alimony: You or the family court?

Mediation May Be Mandatory for Child Support 

First of all, it is worth noting that you may be required to go through mediation as part of your divorce in Orlando. Many family judges require spouses to at least attempt mediation before their cases can proceed to trial. In other words, many spouses mediate child support disputes – and they create their own agreements on this issue.

Some Flexibility May Be Possible in Child Support Mediation 

The general consensus is that you may be able to deviate slightly from official child support guidelines during mediation. For some parents, this might mean paying less than the normal guidelines would otherwise mandate. For other parents, this might mean paying more.

The operative word here is “slightly.” If the official guidelines state that you should be paying your ex $5,000 per month in child support, you might get away with paying $4,500 instead. But if you try to pay your ex only a few hundred dollars with a mediated support agreement, this will inevitably raise some eyebrows in court. Perhaps most notably, there is almost no way a family court judge will approve this agreement.

First, you should know that the family court always strives to act in the child’s best interests. Approving a deal that leaves a child with much less financial support is obviously not in their best interests.

Secondly, you have to ask yourself why the recipient parent would agree to receive much less support than the official guidelines would otherwise provide. Remember, mediation is a voluntary process. Either parent may choose to stop participating at any time – especially if they think they can get a better deal in a trial. If one parent knows that the official guidelines would provide them with more, then they are more likely to pursue a trial.

That being said, mediation isn’t always about paying more or less. Additional flexibility may be possible with creative arrangements – such as paying rent or school tuition directly to relevant parties.

Discuss Divorce Mediation Alongside Steve Marsee, P.A. 

If you’re ready to explore the subject of divorce mediation in more detail, consider a consultation with an Orlando child support lawyer. With help from Steve Marsee, P.A., you can receive more targeted, accurate advice based on your specific circumstances. Online research only gets you so far – so book your consultation today to get started with a real action plan.

Sources: 

myorangeclerk.com/Divisions/Family/Contact-Family-Division

flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida