Question:

If a judge does not approve our settlement agreement in an uncontested divorce, what happens next?

Answer:

In Wisconsin, where I practice law, if two parents going through a divorce enter into an agreement related to child support, the majority of the time a judge will accept the agreement so long as both parties confirm at the time of the final divorce hearing that they are in agreement with the child support amount and can state reasons why the child support amount is appropriate.

That said, in Wisconsin, if either parent is receiving a form of public assistance, such as food stamps, state funded healthcare, daycare assistance, etc., then the local child support agency must also approve the child support amount. If a party is receiving public assistance, and the parties have agreed to deviate downward from what the state guidelines are for child support, meaning that the parent who would receive child support is receiving less than he or she would be entitled to under the state guidelines, then often times the child support agency will not approve the agreement unless there is good reason to do so.

In Wisconsin, if a judge, or the child support agency does end up rejecting an agreement, then the parties will most likely receive an explanation as to why it was rejected and will most likely be told what needs to be modified in order for the agreement to be accepted. If there is an existing order in place for child support, in Wisconsin, that order will remain in place until a new order is entered.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.