Fill and Sign the Supportguidelinescoma Guide to Child Support Form

APPENDIX F Paternity ProvisionsOnce paternity is established, the father has a legal obligation to support his child, although there may not be a comparable obligation to support the mother. The clauses in this part look at establishing paternity through DNA testing, support payments for the benefit of the child, and taking into account situations when the father may want to make voluntary support payments to the mother in exchange for her acceding to other terms that may appear in a governing agreement. List of Clauses Child Support; Trust for Housing DNA Testing to Establish Paternity Mother Not to Contact the Father Security of Children Support of Mother on a Voluntary Basis Trust for Benefit of Child; Mother to Be Removed as Trustee for Breaching Agreement Text of Clauses Child Support; Trust for Housing Simultaneously with the execution of this Agreement, the Father has placed the sum of $______ in a Trust ("the Trust"). The child is the beneficiary of said Trust which shall be used to purchase a home in which the Mother and child shall live. Upon the earlier of the child's twenty-first birthday or death, or in the event that the Mother dies before the child's twenty-first birthday, the corpus of the Trust shall be distributed outright to the child. DNA Testing to Establish Paternity THIS AGREEMENT made this __ day of ______, 20__ by and between John Doe and Jane Roe, both residing in the County of ______, in the State of ___________. WHEREAS, Jane Roe has given birth to a male child on ______ __, 20__ and she believes that John Doe is the father of; and WHEREAS, there is no action seeking an Order of Filiation and/or Support currently pending in relation to the subject Child; NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD, that in consideration of the premises, the mutual promises, agreements and undertakings herein the parties promise and agree as follows: (1) The parties consent to DNA tests to take place at the _________________ (hereinafter "Testing Center"). The parties and the child shall appear at the Testing Center ______ __, 20 __ at _:__ a.m. and submit to the aforementioned testing. The parties acknowledge that the Testing Center and the method of testing employed by the Testing Center are generally acceptable as reliable by an accreditation body designated by the secretary of the federal department of health and that the Testing Center is approved by such accreditation body and by the commissioner of health in accordance with section ____ of the ______________ Act. (2) The parties agree that the above mentioned tests shall be deemed admissible in any action or proceeding brought by either party in relation to the issue of the paternity of the child in accordance with sections ___ of the ___________ Act and section _____ of the evidentiary and procedural rules to aid in the determination of whether John Doe is the father of child. Mother Not to Contact the Father The Mother expressly acknowledges and recognizes that the Father is married and resides with his wife and children, and she expressly agrees to refrain from contacting, approaching or otherwise communicating with the Father's family or from taking any actions to divulge to the Father's family, anyone at the Father's business, or the Father's business and social friends or acquaintances any matters set forth in this Agreement and the terms and/or existence of this Agreement. Security of Children If in the Father's judgment he determines that there is need for personal security for the children of the marriage he shall be responsible for obtaining such security. In the event the Father does not agree there is necessity for said security, the Mother may obtain same at her own expense. Support of Mother on a Voluntary Basis The parties acknowledge that the Father has no legal obligation to contribute to the support of the Mother. No payments pursuant to this Article shall be includable in the Mother's income or deductible to the Father for purposes of United States taxes. The Father shall, nevertheless, pay to the Mother the sum of $______ per month beginning on the first day of the first month immediately following the execution of this Agreement and on the first day of each successive month. The Father shall make his monthly payment to the Mother by direct deposit into the Mother's account (as defined in Article ____) at the same time and in the same manner that he makes a direct deposit of his monthly child support payment in accordance with the terms of Article ____. On execution of this Agreement, the Father shall deposit one month's payment to the Mother in advance into the Mother's account (the "Advance Mother's Payment"). The Mother shall only withdraw the Advance Mother's Payment from the Mother's account upon the occurrence of a First Uncured Default (as defined below). The payments by the Father to the Mother pursuant to this Article shall cease upon the earlier to occur of: (1) the child's emancipation, as that term is defined in this Agreement; or (2) a finding that the Mother has breached any of the terms of this Agreement; or (3) the Mother's commencement of a lawsuit against the Father for any increase to any of the payments provided for in Article ___, or Article ___ of this Agreement. A "First Uncured Default" shall occur if (1) the Father fails to make a direct deposit of a monthly child support payment or a monthly payment to the Mother by the fifth day of the month; and (2) the Mother gives notice in writing to the Father between the sixth and tenth day of the month that she had not received the monthly child support and/or the monthly payment to the Mother; and (3) the Father does not cure his default by making a direct deposit of the monthly child support and/or the monthly payment to the Mother in the Mother's account on or before the fifteenth day of the month. The Father's default shall be cured when the Father pays the Mother the unpaid amount of the monthly child support payment or the amount of the monthly payment to the Mother either through a direct deposit into the Mother's account or by direct payment to the Mother. If a "First Uncured Default" has occurred and the Mother has withdrawn the Advance Child Support Payment and/or the Advance Mother's Payment, the Father may make a direct deposit in the Mother's account of a replacement Advance Child Support Payment and/or an Advance Mother's Payment, but he is not obligated to do so.A "Second Uncured Default" shall occur if, while a First Uncured Default remains uncured, (1) the Father fails to make a direct deposit of a monthly child support payment and/or the monthly payment to the Mother by the fifth day of the month (other than the month which gives rise to the First Uncured Default); and (2) the Mother gives notice in writing to the Father between the sixth and tenth day of the month that she had not received the monthly child support or the monthly payment to the Mother; and (3) the Father does not cure his default by making a direct deposit of the monthly child support or the monthly payment to the Mother in the Mother's account on or before the fifteenth day of the month. Trust for Benefit of Child; Mother to Be Removed as Trustee for Breaching Agreement Upon the earlier of the child's eighteenth birthday or death before her eighteenth birthday, the corpus of the Trust shall be distributed outright to the Mother, provided that the Mother has complied with each of her obligations undertaken by her pursuant to this Agreement. If the Mother materially breaches her obligations under this Agreement, then the Mother shall be removed as a Trustee of the Trust and the other Trustee or Trustees shall thereafter use the corpus of the Trust to provide for the child's housing, health, education and welfare in the manner that the remaining Trustee or Trustees deem reasonable. If the Mother breaches her obligations under this Agreement, the corpus of the Trust shall be distributed to the child upon her thirtieth birthday, or if she dies before her thirtieth birthday, to the Mother. Under no circumstances shall the Father have any obligations to pay more than $______ to the Trust or to provide additional sums for the child's residence or living expenses.