Can it be done?

[paul-6749]

What is the name of your state (only U.S. law)? TX

My wife wants joint custody 50/50. Is there a way to have it put down that there will never be any child support ever? So in 5 years if she wants to change her mind and come at me for money theres somthing down saying she cant that we both would agree to?

 

[stealth2]

Child support is never written in stone.

 

[mistoffolees]

What is the name of your state (only U.S. law)? TX

My wife wants joint custody 50/50. Is there a way to have it put down that there will never be any child support ever? So in 5 years if she wants to change her mind and come at me for money theres somthing down saying she cant that we both would agree to?

As Stealth indicated, child support can always be changed.

Furthermore, if Mom happens to go on state assistance, the state can (and probably will) come after you no matter what you and Mom agree to.

Ignoring the possibility of state assistance, there is one way to do what you are suggesting. Mom could sign a promissory note agreeing to pay you any child support that she receives over the next 5 years. That would be an incredibly foolish thing for her to sign, but I suspect that it would be legally binding. If Mom were here, I'd tell her never to sign such a thing - and would encourage you not to ask for it for the same reason. What happens if Mom becomes disabled and unable to work? Without child support, the children would starve. Is THAT what you want?

 

[LdiJ]

As Stealth indicated, child support can always be changed.

Furthermore, if Mom happens to go on state assistance, the state can (and probably will) come after you no matter what you and Mom agree to.

Ignoring the possibility of state assistance, there is one way to do what you are suggesting. Mom could sign a promissory note agreeing to pay you any child support that she receives over the next 5 years. That would be an incredibly foolish thing for her to sign, but I suspect that it would be legally binding. If Mom were here, I'd tell her never to sign such a thing - and would encourage you not to ask for it for the same reason. What happens if Mom becomes disabled and unable to work? Without child support, the children would starve. Is THAT what you want?

That wouldn't hold up as a contract Misto. There is no "consideration".

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

My wife wants joint custody 50/50. Is there a way to have it put down that there will never be any child support ever? So in 5 years if she wants to change her mind and come at me for money theres somthing down saying she cant that we both would agree to?

Dad, who has been the child's primary caretaker? I don't mean who has supported the child the most financially. I mean who has physically cared for the child the most, who takes the child to the doctor and dentist, who washes the child's clothes and fixes the child's meals. Who gives the child baths, etc.?

If that's you, then you may be negotiating from a position of strength and may be able to get mom to agree to that, at least for now...but it would not be permanent, as the others have explained. However, if that person is mom, then you are NOT negotiating from a position of strength at all.

 

[Just Blue]

https://forum.freeadvice.com/child-custody-visitation-37/going-full-custody-568081.html

Why didn't you ask this on your other thread?

 

[paul-6749]

Right now i have temp custody and might end up with full. its my wife asking me if i give her 50/50 custody if she could put somthing down on paper no not ever come at me for suport. We were both primary caretaker she worked days while i took care of the child and i worked evening frome 2pm to 10pm. the child is only 3 so is not in school yet.

 

[LdiJ]

Right now i have temp custody and might end up with full. its my wife asking me if i give her 50/50 custody if she could put somthing down on paper no not ever come at me for suport. We were both primary caretaker she worked days while i took care of the child and i worked evening frome 2pm to 10pm. the child is only 3 so is not in school yet.

You aren't going to get full custody. Neither of you will get full custody. It will be some form of shared custody even if the timeshare doesn't end up being 50/50.

Its begining to sound to me like your goal of primary custody is about not wanting to pay child support. That's sad.

 

[Ohiogal]

You aren't going to get full custody. Neither of you will get full custody. It will be some form of shared custody even if the timeshare doesn't end up being 50/50.

Its begining to sound to me like your goal of primary custody is about not wanting to pay child support. That's sad.

Really? Because quite frankly shared custody doesn't ALWAYS happen. Why doesn't he have a chance of getting FULL custody?

 

[LdiJ]

Really? Because quite frankly shared custody doesn't ALWAYS happen. Why doesn't he have a chance of getting FULL custody?

Because someone would practically have to be an axe murderer (exaggeration but you know what I mean) not to at least get joint legal custody...which is some form of shared custody. I really cannot believe that you even asked that.

 

[mistoffolees]

That wouldn't hold up as a contract Misto. There is no "consideration".

It wouldn't be hard to have consideration. He gives her some money as consideration. Or any other consideration would work.

 

[LdiJ]

It wouldn't be hard to have consideration. He gives her some money as consideration. Or any other consideration would work.

Giving her money wouldn't work at all. You cannot have money exchanging hands (other than as official support) in matters regarding children.