Can Child Support Agreements Be Negotiated Outside of Court in Harrisburg?
As a parent, you want your child to have access to the financial resources necessary for their development. Whereas agreements pertaining to child support can be reached in court, oftentimes, parents want to avoid court fees and other costs. In these situations, divorcing spouses may choose to resolve the matter privately or through mediation or a collaborative process. In keeping the matter out of court, a divorcing couple feels free to discuss their child’s needs in a non-threatening environment.
At Purdy Law Office, we help clients negotiate the terms of child support and other related matters. If you are interested in learning more about our services, reach out to speak with one of our Harrisburg alternative dispute resolution lawyers today.
Alternative Dispute Resolution in Child Support Cases
Divorce is typically an emotionally challenging time for anyone, but it may be compounded if you have minor children. While both parents want to see their child or children thrive, it may not always be possible to come to an agreement on their own. In recent years, alternative dispute resolution, or ADR, has become more popular. While there are many forms of ADR, in general, it is a way for parties to resolve a dispute without stepping foot in a courtroom.
In child support cases, you have the option of choosing mediation or collaborative law. Both versions of ADR attempt to reduce contention between parties by coming to an agreement with the help of a neutral, third-party mediator. Both processes require that each party make certain concessions to come to a mutual agreement.
Similar to mediation, either party is free to hire representation and is encouraged to do so. Unlike mediation, couples that agree to a collaborative process must sign an agreement that they will not litigate their case in court. If either party decides to proceed to trial, their respective attorneys are prohibited from representing them in court, and each party will need to retain new representation.
Pennsylvania Collaborative Law Act
In 2018, the Commonwealth of Pennsylvania enacted the Collaborative Law Act. This Act, codified under Chapter 42 of the Pennsylvania Consolidated Statutes, allows couples to resolve a myriad of divorce issues, including child support, through the collaborative law process.
Under Pennsylvania law, a collaborative law agreement must:
- Be in writing
- Signed by both parties
- Describe the nature and scope of the matter
- State each party’s intention to resolve the matter through the collaborative process
- Identify the attorney representing each party
- State that each attorney is retained in connection with the collaborative law process and that each party will hire new representation if they decide to take their case to court
Gentle Guidance from a Harrisburg Dispute Resolution Lawyer
Deciding to end your marriage is a difficult choice, but the process of resolving issues should not be. In choosing alternative dispute resolution, you have to choose to avoid adversarial proceedings instead of settling your dispute through out-of-court negotiations.
Attorneys Pamela Purdy and Allison Hastings at Purdy Law Office are both collaboratively trained attorneys and mediation attorneys. These skills allow our legal team to enable discussion between parties, reaching a resolution that both individuals are comfortable with. To learn more about our services, contact us online or by phone today.