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You are here: Families & Children > Enforcement of Judgment > Child and Spousal/Partner Support Orders > Working it out without going to court
Can we get help to work out a support agreement without going to court?
What if we both want to arrange for the support payments without a wage assignment?
What does it mean to have service of a wage assignment “stayed”?
How do we ask the judge to allow us to make other payment arrangements instead of a wage assignment?
Can we get help to work out a support agreement without going to court?
Yes. Mediation can help you solve disagreements about money issues, like spousal or partner and child support and property. In some counties the family law facilitator can provide some child support mediation services. Click here to find the family law facilitator in your county.
You can hire a private mediator to help you agree about money AND parenting issues. But it is not required.
Private mediators are usually lawyers or mental health professionals. They usually charge between $50 and $250 an hour.
Usually both parties share this cost.
To learn more about how mediation can help you, read Alternative Dispute Resolution: Options for Resolving Your Dispute (in PDF format) or contact the family law facilitator in your county.
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What if we both want to arrange for the support payments without a wage assignment?
In every case ordering child or spousal/partner support, the court will issue a wage assignment. However, as long as neither one of you is receiving welfare benefits, you can tell the judge that you both have agreed to make your own arrangements for payment of child support. If you do this, the judge may order that service of the wage assignment be “stayed.” This means that the wage assignment will be prepared but not served on the employer as long as the support payments are made on time and according to the terms agreement you both made.
See the Stay of Service of Earnings Assignment Order (form FL-455) for more information on “staying” a wage assignment.
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What does it mean to have service of a wage assignment “stayed”?
It means that the wage assignment will be prepared and issued by the judge, but will not be served on the employer as long as the support payments are being made on time and properly.
Click here to find out how to have service of a wage assignment “stayed”.
See the Stay of Service of Earnings Assignment Order (form FL-455) for more information on “staying” a wage assignment.
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How do we ask the judge to allow us to make other payment arrangements instead of a wage assignment?
In every case ordering child or spousal/partner support, the court will issue a wage assignment. But, in some cases, you can ask the judge to let you arrange for payment between you instead of going through a wage assignment. To do this:
- Fill out the Stay of Service of Earnings Assignment Order (Form FL-455). On this form, mark the box that explains you have an agreement for another payment arrangement.
- You will get a court hearing where you can ask the judge to stop service of the wage assignment. If the judge agrees with your request, she or he will sign the Stay. This stops the wage assignment from taking effect.
- If you ask for, and get, a stay, it is very important you both keep good records of all the payments, in case there are any issues in the future.
If the person ordered to pay support does not follow your arrangement, you can ask the court to end the stay on the wage assignment. Click here to find out how.
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Last modified: 03/17/2008
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