[jstevenson123]

My husband and I are trying to write our own divorse. We want the papers to reflect that child support and alimony amounts will be determined by a percentiage of whatever my husband makes each month. He is on a commission only pay scale and it varies greatly. Can someone send me a paragraph that I could include in the papers stating that I get 20% of his Gross Pay per month for alimony support, and child support will be 13% per child, we have two.

[JudyKayTee]

You cannot make an agreement that is not in accordance with your State's laws. Your "papers" will not be approved by the Court.

In some States it's 17% for one child. Why would you want less?

You may not even be entitled to spousal support.

You are wasting your time preparing your own "papers."

Hopefully someone will correct this BUT if you can't spell divorce you probably shouldn't try to write your own support paperwork.

[cdad]

What state is this in?

[ScottGem]

First, ANY question on law needs to include your general locale as laws vary by area.

Second, Divorce settlements are a negotiation. So if you both agree on a settlement the court may agree to it. The thing is the agreement will only be in force for as long as you both agree on it. Lets say in 2 years you decide you want more child support and the state allows 17% instead of 13%. You can go to court and ask for more and it will probably be granted.

But keeping it simple is best. Just state it as you stated it above.

[jstevenson123]

This is in Virginia

[JudyKayTee]

From what I'm reading I do not believe the Court will approve an Order for child support that is less than Virginia deems appropriate - Child Support - Fairfax County, Virginia. Spousal support varies based on circumstances.

In NY (where you cannot get around a mandated amount) people allow an Order to be entered and then just keep their "side deal." The problem with this is if the custodial parent gets angry he/she then claims the non-custodial parent did not pay the full amount and pursues that parent for the difference - and succeeds.

I would not prepare this document without an Attorney.

[ScottGem]

You came here asking for advice. You got advice. You may not have liked it but the advice was both accurate and helpful. Yet you saw fit to give it a negative rating. The members here VOLUNTEER their time and expertise to help people. Yet to chose to give a slap on the wrist because you didn't like what said. That is neither fair, nor will it inspire people to help you.

You have been given a link to VA laws which indicate that courts make the decision on support based on prevailing laws, It doesn't provide for the couple to set their own rules.

Have you even consulted an attorney to determine if you can "write your own divorce"?

[JudyKayTee]

I also got a "not helpful." Apparently what I said, although legally correct, is not what the OP wants to hear. With this attitude I encourage her to prepare her own documentation and take it to Court. The Judge will tell her what I haven't. Sounds like the two of them haven't even looked at the tax consequences of their proposed agreement.

At any rate - it's apparently "write your own divorse."