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    Gjaubinjr's Avatar
    Gjaubinjr Posts: 1, Reputation: 1
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    #1

    Mar 4, 2012, 04:05 AM
    Opting for no child support
    My wife and I are opting to not pay child support or alimony in our divorce. She states that her attorney said it needs to be in the divorce paper work for legal purposes but her attorney can work the numbers so that I don't owe a dime. I am afraid that she could get upset one day and go back to the courts and file for me to pay child support later but I won't have a good enough reason for making her pay me alimony.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Mar 4, 2012, 04:51 AM
    Sure she can file for it at anytime. Its illegal to "opt out" as child support is a flexible situation that has the best interest of the child at its core.

    So your situation today may be far different from 3 years from now. So anytime it can be changed.

    Why are you trying to opt out of it ?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Mar 4, 2012, 05:06 AM
    What state (US?) and is this joint custody?
    Family Court can order support aside from divorce agreements. You don't need alimony now to get support from her later, nor she from you.
    Children rarely spend exactly half the year with each parent because of school, so it's cheaper for both of you to amicably work out expense sharing so you aren't constantly suing each other.
    In the divorce this should be spelled out all the way through college, if that's the plan. It's just that the divorce is mostly a snapshot of the present, so you can end up in Family Court as your incomes change and you shuffle kids.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 4, 2012, 07:29 AM
    Quote Originally Posted by Gjaubinjr View Post
    ... She states that her attorney said it needs to be in the divorce paper work for legal purposes but her attorney can work the numbers so that I don't owe a dime. ...I am afraid that she could get upset one day and go back to the courts and file for me to pay child support later ...
    It's conceivable that incomes and custody percentages can be shuffled in this manner. If she wants to go back at a later date and claim a change in circumstances, so be it, there is no way to head that off.

    Quote Originally Posted by Gjaubinjr View Post
    ... but I won't have a good enough reason for making her pay me alimony.
    What does alimony have to do with it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 4, 2012, 07:36 AM
    On the child support two things, if ( and if they have money this is not going to happen) but if the person with custody of the kids ( of if the kids) receive any government assistance, the state will come after the other parent for child support, there is no requirement for child support orders for the state to do this.

    Also does not matter what is decided now, 2 years, 4 years, and more till the kids are 18 or 21 depending on the state, the custody parent can go back to ask for a change in the child support, so what is decided now can not be binding on the future.

    In the future every child issue, custody, visit, child support and more can all be fought and fought and fought over and over again. My ex and I changed custody about 4 times and fought over support every other year for 14 years.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 4, 2012, 07:50 AM
    "AK" beat me to it - what does alimony have to do with anything? If increased alimony is the trade off for decreased (or no) child support I see a problem getting these financial "conditions" of the divorce approved.

    Ordered and not paid (by side agreement)? "Ex" can come after you for arrearages (which, of course, are not true arrearages) at any time.

    I don't understand why you would want your children raised with less money, not the financial support of two parents.
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