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In agreement to waive support.

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wornout02_05

Junior Member
What is the name of your state? Colorado

My Ex and I have battled since the Divoce regarding the parenting plan. She now wants to move to a different county. She is now wanting to discuss ideas on how we can both be supportive parent for our children. One is moving in with me and two are moving away with her. The distance is aprox. 60 minute drive each way. We have discussed a split parenting cost obligation regarding major expenses. She thinks we can now waive any child support that would need to be paid to each other. In the state of Colorado is this possible? She also think we can have a parenting plan state the children can decided if they want to visit the other parent. Is this possible? I see the realationships with sibling and parents suffering if the judge agrees. I welcome the thought of no more battles with her, however I dont know what the courts would agree to. Thank you all for advise.
 


Silverplum

Senior Member
What is the name of your state? Colorado
My Ex and I have battled since the Divoce regarding the parenting plan. She now wants to move to a different county.
You do NOT have to allow her to do this. You can file an objection. Or you can agree and make her pay ALL transportation costs.

wornout02_05 said:
She is now wanting to discuss ideas on how we can both be supportive parent for our children. One is moving in with me and two are moving away with her. The distance is aprox. 60 minute drive each way. We have discussed a split parenting cost obligation regarding major expenses.
That's up to you folks, but I wouldn't split sibs. I also wouldn't allow my kids to be moved away, either.

wornout02_05 said:
She thinks we can now waive any child support that would need to be paid to each other. In the state of Colorado is this possible?
Maybe. Depends upon how it's presented to the court.

wornout02_05 said:
She also think we can have a parenting plan state the children can decided if they want to visit the other parent. Is this possible? I see the realationships with sibling and parents suffering if the judge agrees.
Hell to the NO! DO NOT AGREE TO THIS!

wornout02_05 said:
I welcome the thought of no more battles with her, however I dont know what the courts would agree to. Thank you all for advise.
The court will agree to most anything that's reasonable and agreed upon. The first place you'll go is mediation. Don't *trust* the mediator -- s/he is not your attorney and is not working in your best interest. S/he is trying to get it over with and will try to get you to agree. Don't unless you DO agree, really agree.

I'd get an attorney if I were you. Family law only. Which county are you in now?
 

seniorjudge

Senior Member
Q: She thinks we can now waive any child support that would need to be paid to each other. In the state of Colorado is this possible?

A: Let me get real technical. You cannot "waive" child support, but if the court thought it was okay, y'all could each get an offset for the child support you were paying.

Reason: Child support belongs to the kid, not either parent.

Okay, I'm anal.
 

Silverplum

Senior Member
Q: She thinks we can now waive any child support that would need to be paid to each other. In the state of Colorado is this possible?

A: Let me get real technical. You cannot "waive" child support, but if the court thought it was okay, y'all could each get an offset for the child support you were paying.

Reason: Child support belongs to the kid, not either parent.

Okay, I'm anal.
Not anal. Genius and cute! :D
 

wornout02_05

Junior Member
Gosh**************..

Thank you all for your input I welcome more. My X and I have battled from everything for a 10 minute drive to braces. Regarding the split of the children, they have made their choice as to where to live. That decision is not ours to make it was theirs. As far as the counting days, I do agree the children should be able to spend every weekend with each other. Transportation is a tricky one, we would like to see her meet half way instead of all the way one friday, and all the way back on sunday. split by each parent. She is balking to this because she HAS to come to my town once a weekend for her husbands kids, but we are sticking to the fact that she is moving not us. We have come to some what of an agreement to athletic expenses, an clothing alowance account, medical will be as stated in the Colorado Statute. Any outside school activities (estracaricular) will be up to the parent that has majority parenting time. Auto insurance is still in question, one is driving in FEB the other one in 08. Currently the support order hs the obligation split at 60/40 her haveing a greater income ( she has a degree, I dont) I have not made this know as my idea of the split yet. Am I right in thinking the split should go as the support order presently is? How would we do the ofset for the suport? Also, I said the parenting plan must state a minimum number of parenting time days, she thinks it can say liberal and unlimited? Comments please.
 

Silverplum

Senior Member
Thank you all for your input I welcome more.
You're welcome.

wornout02_05 said:
My X and I have battled from everything for a 10 minute drive to braces. Regarding the split of the children, they have made their choice as to where to live. That decision is not ours to make it was theirs.
Actually, the decision belongs to the parents. Parents are grownups, kids are kids. Who is in charge here?? But what's done is done, I guess.

wornout02_05 said:
As far as the counting days, I do agree the children should be able to spend every weekend with each other.
That's better than nothing.

wornout02_05 said:
Transportation is a tricky one, we would like to see her meet half way instead of all the way one friday, and all the way back on sunday. split by each parent. She is balking to this because she HAS to come to my town once a weekend for her husbands kids, but we are sticking to the fact that she is moving not us.
If SHE moves AND you permit it/or a judge permits it, SHE should provide or pay for ALL transport. Don't budge on it.

wornout02_05 said:
We have come to some what of an agreement to athletic expenses, an clothing alowance account, medical will be as stated in the Colorado Statute.
Okay. Good. It's good to agree outside of court or mediation as much as possible.

wornout02_05 said:
Any outside school activities (estracaricular) will be up to the parent that has majority parenting time.
Make sure the extracurriculars are agreed upon IN WRITING, IN ADVANCE, by BOTH parents. Insist.

wornout02_05 said:
Auto insurance is still in question, one is driving in FEB the other one in 08. Currently the support order hs the obligation split at 60/40 her haveing a greater income ( she has a degree, I dont) I have not made this know as my idea of the split yet. Am I right in thinking the split should go as the support order presently is? How would we do the ofset for the suport?
It's been a few years since I messed with CO CS. And the law changed afterward. So I can't be sure. Check the CO website for a worksheet. You can run the numbers online or on your computer if you download the worksheet. Bring it with you to mediation. Be prepared to show the mediator that you are on Schedule A or B; bring a calendar or list of dates to prove it.

(I, personally, feel that kids should pay their own car insurance. However, an Arapahoe County mediator disagreed with me. She had no basis in law, just her own values versus mine. But whatever you agree to is your agreement.)

wornout02_05 said:
Also, I said the parenting plan must state a minimum number of parenting time days, she thinks it can say liberal and unlimited? Comments please.
Don't agree to that. Obviously. Insist upon a set schedule. Holidays, school breaks, weekends, Father's Day, Mother's Day, birthdays, etc.

Don't let her run your world, dude. You're the Dad. She's the Mom. Equal.
 

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