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  1. #1
    mominator is offline Junior Member
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    Post I want to waive child support

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

    I am filing for divorce pro se. We are doing all the paperwork together, very amicably. I make a considerable amount more than my husband does and have a very large retirement fund as opposed to his very small one. Our children are 14 and 16 and will continue to live with me. Visitation will not be an issue because they can spend as much time as they want with him (he's moving two miles away from me).

    Their father will continue to pay for their medical and dental insurance, as he works for a much larger company and gets much better rates. In return, I will not ask for any additional child support. I'm afraid if I ask for CS then he'll ask for his share of my retirement and I'll be on the losing end of that deal.

    My question is how to word the Original Petition For Divorce and the Decree Of Divorce to reflect that I will accept his payment of Medical and Dental Insurance in lieu of child support?
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by mominator View Post
    What is the name of your state (only U.S. law)?

    I am filing for divorce pro se. We are doing all the paperwork together, very amicably. I make a considerable amount more than my husband does and have a very large retirement fund as opposed to his very small one. Our children are 14 and 16 and will continue to live with me. Visitation will not be an issue because they can spend as much time as they want with him (he's moving two miles away from me).

    Their father will continue to pay for their medical and dental insurance, as he works for a much larger company and gets much better rates. In return, I will not ask for any additional child support. I'm afraid if I ask for CS then he'll ask for his share of my retirement and I'll be on the losing end of that deal.

    My question is how to word the Original Petition For Divorce and the Decree Of Divorce to reflect that I will accept his payment of Medical and Dental Insurance in lieu of child support?

    you cannot waive child support. you can set the child support at $0.00 for the time being. child support can be readdressed at a later date if need be, but not waived. if both parties agree, then a judge may sign off on it. as long as you never attempt to receive any type of government benefits, you should be fine.

    you do realize dad can ask for his share of your retirement whether you ask for child support or not, right?
  3. #3
    proud_parent is offline Senior Member
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    What is the name of your state (only U.S. law)?
  4. #4
    mominator is offline Junior Member
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    Sorry, I'm in Texas

    Yes, I understand he could ask for my retirement, but that's our agreement, he'll just pay for their insurance.
  5. #5
    Isis1 is offline Senior Member
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    Quote Originally Posted by mominator View Post
    Yes, I understand he could ask for my retirement, but that's our agreement, he'll just pay for their insurance.
    here's the problem with that. if i were him, i'd want to know. he agrees to not go after your retirement, you agree not to go after him for child support. the court order is signed, everyone goes on their merry way.

    a few years down the line, you file for child support. the divorce is final. he can't go back and say "i want half of your retirement now" just because you filed for child support. he's screwed.
  6. #6
    thedoctorisin is offline Member
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    From [url=http://www.westhoustonattorney.com/HoustonDivorce/ChildSupport.aspx]Houston child support lawyer - child support attorney in Texas - enforcement - law[/url]:

    Will The Court Waive The Child Support Requirement If My Spouse Agrees To It?

    There would need to be a very serious reason for the Texas Court to allow waiving child support. Generally, the right to "waive" the support is construed to belong to the child and not to the parent with whom the child lives. Since the child, obviously, is not competent to make this kind of decision, the Court is very reluctant to allow child support to be waived.

    The Texas Court always considers the "best interest of the child" standard", and is very serious about the obligation of a parent to support his or her child.
  7. #7
    Drake01 is offline Member
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    Your best bet would be to legally establish a 50/50 phyiscal custody share, given the difference in income and with him carring insurance a judge would have far less difficultly signing off on an order that doesn't include any child support. At the same time it would also prevent you from going back on the offer down the road.
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by Drake01 View Post
    Your best bet would be to legally establish a 50/50 phyiscal custody share, given the difference in income and with him carring insurance a judge would have far less difficultly signing off on an order that doesn't include any child support. At the same time it would also prevent you from going back on the offer down the road.
    Well, that's great advice for dad, but bad advice for mom. She makes more money, therefore in a 50/50 situation the judge would order HER to pay child support.

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