divorce/child support

What is the name of your state? Texas
I am married and have been separated from my husband for 4 months and I have already filed for child support for my 2 children. Now my husband wants to get a divorce and is asking that we both come to an agreement on property, child support, and custody.
But the child support agency has set the child support proceeding in Nov. 2002.
How will this effect the divorce proceeding if we agree to a divorce now?
Would we have to deal with child support through the court and the child support agency? Or one over the other?
Please explain to me the procedure.

Also, can I get back payments for child support for the 4 months we have been separated?

back child support

My lawyer told me that there was NO way I could get back child support from my ex because in the eyes of the law - we were married and it would be assumed that he was financially helping with the babys expenses.

If your ex WAS NOT helping financially, find every receipt that you can get your hands on that shows exactly every penny you spent on those children during your separation. Then make a spreadsheet breaking it all down. (I broke my down by dr visits, prescriptions, daycare & then misc. purchases I even recorded the date, the store and a brief description of what I purchased along with the total $) I took the total and divided it by half to come up with what I thought my ex should owe me. It may not work for you in your situation - but it did for me!! My lawyer was CERTAIN that I would not get a judgement for that. I INSISTED that she present it in court - AND I WON A JUDGEMENT FOR $6,000 in past child support!!

Again, it might not work in your situation - but it doesn't hurt to try! Just have everything as neat & in order as possible!! And don't forget to have proof of everything!

Good luck!