Separation Agreement/Assets

Is it legal for a wife to wave all the future child support from a husband in exchange for transferring the house to her name? How should it be stated in Separation Agreement?

lselivanov said:

Is it legal for a wife to wave all the future child support from a husband in exchange for transferring the house to her name? How should it be stated in Separation Agreement?

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Name of state, please.

lselivanov said:

Is it legal for a wife to wave all the future child support from a husband in exchange for transferring the house to her name? How should it be stated in Separation Agreement?

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Its not guaranteed that a judge would sign off on that.

Lets say that the wife has to go on welfare at some point in the future. At that time the state will go after the father for child support, and may not accept the property settlement.

However, how much is the house worth? How much equity is there in the home? Is 1/2 of the equity proportional to the amount of support that would be paid until the child or children age out? Would all other assets/debts be divided equally?

Even if a judge did sign off on it it would NOT be enforceable.

Ohiogal said:

Even if a judge did sign off on it it would NOT be enforceable.

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You are probably right, but I can think of ways that the paperwork could be worded, and the property settlement could be divided, to make it possibly enforceable unless the CP ended up on welfare at some point.

But its still a bad idea.

LdiJ said:

You are probably right, but I can think of ways that the paperwork could be worded, and the property settlement could be divided, to make it possibly enforceable unless the CP ended up on welfare at some point.

But its still a bad idea.

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I think there's a way to do it.

Let's say that ncp's 50% share of the home is worth $60,000. And let's say that child support would be $500 per month and that the child will turn 18 in 10 years.

It could be set up so that the ncp pays cp $500 per month in child support and keeps the home equity - but cp agrees to pay ncp $500 per month for 10 years to buy back the remaining home equity.

I'm not 100% sure, but I think that would fly. It would be complicated and convoluted, but it should work.

mistoffolees said:

I think there's a way to do it.

Let's say that ncp's 50% share of the home is worth $60,000. And let's say that child support would be $500 per month and that the child will turn 18 in 10 years.

It could be set up so that the ncp pays cp $500 per month in child support and keeps the home equity - but cp agrees to pay ncp $500 per month for 10 years to buy back the remaining home equity.

I'm not 100% sure, but I think that would fly. It would be complicated and convoluted, but it should work.

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No it would not. Because that is stating that child support could not be modified in the future. Even if one of their incomes changes or health insurance or day care costs or various other things. It is NOT enforceable -- meaning that if one of them went back to court due to a severe change in circumstance the court would NOT uphold the contract the way it is written with waiving future support. Could it work? Yes. Provided neither of them EVER wanted or needed a modification in support. But if either of them sees a change in income or custody changes or various other things, a court will not state that child support has been waived permanently.