have several ?, uncont. divorce

[adviceplznov06]

What is the name of your state? California, Kern county
We are basically in agreement on property/support/assets, and attempting to do the divorce ourselves with a MSA. I bought the Nolo book, have been to the sup. court self help site- but still am a little confused...I filed, served ex with copy of Petition and Summons, and blank Response. He didn't respond, as we intend to submit a MSA. My ex called the court, and was told (contrary to what I understood) that the 6 month count down doesn't begin until I file the POS. I understood the count down began the date he was served, and the Proof can be submitted with the MSA and Request for Judgement. Question one- who is right? Also, since support is involved, apparently we have to file income statements in addition to the MSA? Are there other forms that we are required to file, that aren't satisfied by the MSA? #2. 6 months went by too fast, and we haven't finished the MSA, but will soon. Is our case just sitting there, waiting for me to submit the Request and MSA? #3. If we now submit the rest of the paperwork, is there a way to request the final dissolution date be a specific date in the futire (such as 1/1/07, so we can file income tax together, or 1/07/07, so I can use dental benefits before I lose my health insurance)?
One more if you have the patience- I am giving up my portion of his pension (17 years on a 30 year service pension) in exchange for the expected value of the home after he pays off the mortgage (he will pay them directly until loan is paid off, taking all deductions for taxes, interest, etc). I consider this a property settlement....not support being paid to me. Will the IRS see it the same way?
Thanks so much for your help.What is the name of your state?

[LdiJ]

Well....I can't answer the rest but I can answer your last question.

The IRS will not consider it to be alimony or spousal support (and therefore not taxable income to you nor a tax deduction to your spouse) as long as the MSA clearly spells out that its part of your property settlement, and NOT alimony or spousal support.

Therefore, you simply need to make sure that the wording is clear. It really might be in your best long term interest to have an attorney draw up the MSA, even if you don't retain the attorney for anything else.

[adviceplznov06]

I am hoping to be able to do just that- but he's got our credit in the toilet and we both just scrape by, me on ssdi. I do realize having this done right is worth eating mac and cheese for a couple of months though.