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amberakanicole · Nov 22, 2010, 06:36 PM

My husband and I are going through a uncontested divorce. I just received my papers today. I agree with everything but the amount of child support. I always thought that child support was set by the judge not by the parent/lawyer. If I sign the papers does that lock in the amount for child support?

ScottGem · Nov 22, 2010, 06:44 PM

Support can be set by mutual agreement. The judge just ratifies it. So if you don't agree with the support don't sign the papers and make a counter offer.

Fr_Chuck · Nov 22, 2010, 08:24 PM

Does your state have a system for figuring support, In GA there is a complicated system based on income of both parents and the time each parent has the child. But it will basically in general work out to about 20 to 25 percent of the pay of the non custody parent. Unless there is joint custody.

AK lawyer · Nov 22, 2010, 08:44 PM

Originally Posted by amberakanicole

... I just received my papers today. I agree with everything but the amount of child support. I always thought that child support was set by the judge not by the parent/lawyer. ...

Who prepared these papers? An attorney working for you or for your husband? The lawyer probably set the amount based upon the income levels of you and your husband, according to what information the lawyere was given. Then the child support is usually figured by plugging these numbers into a formula. If you don't believe the amount is correct, call the lawyer and ask him/her to explain it.

Originally Posted by amberakanicole

... If I sign the papers does that lock in the amount for child support?

It sure will, assuming the judge approves it..

amberakanicole · Nov 23, 2010, 05:28 AM

The amount was set by his lawyer. My state does have a way to calculate support but I'm not sure if they used my states guidelines or not. He lives in a different state then I do now. I just want to make sure it's a fair amount.

this8384 · Nov 23, 2010, 09:48 AM

Originally Posted by amberakanicole

My husband and I are going through a uncontested divorce. I just received my papers today. I agree with everything but the amount of child support. I always thought that child support was set by the judge not by the parent/lawyer. If I sign the papers does that lock in the amount for child support?

The judge makes the final order; however, you can agree to any amount you want and the judge will probably approve whatever the two of you have agreed to.

Out of curiosity, how much is he offering you each month and for how many children?

If you'd like, we can give you a ballpark figure of what you "should" be receiving as child support. But we'd need to know your state, how many children, how often he has the children and approximate income for the both of you.

ScottGem · Nov 23, 2010, 05:25 PM

We also need to know some background. Where was the divorce action initially filed? What state has jurisdiction? That's the state who's rules matter. Why don't you have an attorney? You will be at a disadvantage if you don't and he does.

cdad · Nov 24, 2010, 04:42 AM

Lets make one thing clear here. The amount is NOT locked in. It is only set until it is changed. The things that can change is is a change in circumstance or bringing forth a modification order after 2-3 years minimum. Also make sure there is an outline for medical expenses and insurance for the children.

amberakanicole · Nov 24, 2010, 02:36 PM

The divorce was filed in the State of Kentucky. I am getting an attorney I'm just having a hard time finding one that I can afford or one that knows the rules of Army divorces. The amount he has put in the papers is $450.00 for one child who is 3 years old. He's an SPC in the Army & is getting ready to be a SGT. Currently he is over seas. We will have joint custody but he's only interested in seeing our son once maybe twice a year when he comes to KY to visit his parents. Right now I'm a Nanny so I don't make that much. I'm in Nursing school so it's hard for me to find another type of job that works with my hours.
I am by no means a gold digger. I was a stay at home mom until 2 years ago when he up & left me with nothing. He closed our joint account & has taken all of the money from our tax returns for the past 2 years. I just want what is best for my son & what he is entitled to!

this8384 · Nov 24, 2010, 03:22 PM

Originally Posted by amberakanicole

The divorce was filed in the State of Kentucky. I am getting an attorney I'm just having a hard time finding one that I can afford or one that knows the rules of Army divorces. The amount he has put in the papers is $450.00 for one child who is 3 years old. He's an SPC in the Army & is getting ready to be a SGT. Currently he is over seas. We will have joint custody but he's only interested in seeing our son once maybe twice a year when he comes to KY to visit his parents. Right now I'm a Nanny so I don't make that much. I'm in Nursing school so it's hard for me to find another type of job that works with my hours.
I am by no means a gold digger. I was a stay at home mom until 2 years ago when he up & left me with nothing. He closed our joint account & has taken all of the money from our tax returns for the past 2 years. I just want what is best for my son & what he is entitled to!!

You can use this:
Kentucky Child Support Calculator - AllLaw.com
to determine what a judge would most likely set support at. Although I have to say that $450/month for one child is a pretty decent amount; my husband was previously paying $395/month for two children while he was earning $9/hr. Does the $450 include daycare costs and medical insurance? Or is he willing to pay you $450, insure the child and also contribute to variable costs?

amberakanicole · Nov 26, 2010, 01:56 PM

Thank you. I did use this calculator and it said he should be paying $565 a month. He will be paying for insurance. But, he doesn't want to help with the cost of daycare.

cdad · Nov 26, 2010, 03:23 PM

If your child requires daycare then its not negotiable. He is responsible for 1/2 of the cost. If you lowball everything now then changes will have to be made sooner rather then later. So best to make something you both can live with for the time being.