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Questions About Child Support, etc.

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ken5140

Junior Member
I live in the state of Utah. I received divorce papers last week and was disheartened to see that I would have to pay about $1000 a month in child support and $500 a month in alimony AND pay the court fees, but I only make about $45,000 a year. I went to see a lawyer and he said it's a basic calculation for child support, but we could probably get the alimony down. I can't really afford his fees, so I went home and spoke to my wife who hasn't left yet. We both just want a quick divorce, and she agrees that I can pay her $500 a month in child support and no alimony. I wrote up my response to the divorce papers suggested by the lawyer: (Paragraph 1 - Admit, Paragraph 2 - Deny, etc.) but where I said "Deny" I wrote, "This paragraph should say, "Defendent agrees to pay $500 a month in child support." Is that kind of wording allowed? How do I respond?
 


LdiJ

Senior Member
I live in the state of Utah. I received divorce papers last week and was disheartened to see that I would have to pay about $1000 a month in child support and $500 a month in alimony AND pay the court fees, but I only make about $45,000 a year. I went to see a lawyer and he said it's a basic calculation for child support, but we could probably get the alimony down. I can't really afford his fees, so I went home and spoke to my wife who hasn't left yet. We both just want a quick divorce, and she agrees that I can pay her $500 a month in child support and no alimony. I wrote up my response to the divorce papers suggested by the lawyer: (Paragraph 1 - Admit, Paragraph 2 - Deny, etc.) but where I said "Deny" I wrote, "This paragraph should say, "Defendent agrees to pay $500 a month in child support." Is that kind of wording allowed? How do I respond?
It needs to be an agreement signed by both of you. I suggest that you write up the child support and alimony agreement as an attachment and just refer to the attachment.
 

ken5140

Junior Member
OK, thank you! Can I just write:
Paragraph 12. Deny (see attachement)
Paragraph 14. Deny (see attachement)
Paragraph 20. Deny (see attachement)


And in the attachment, say: Paragraph 12 should read, “Petitioner is entitled to receive and respondent is able to pay the sum of $500 per month as child support, due one-half on the 5th and one-half on the 20th of each month, beginning December 1, 2010.” The remainder of this paragraph can be admitted as stated.

Paragraph 14 should read, “Petitioner will not receive alimony from the respondent.”

Paragraph 20 should read, “Respondent will not be responsible to pay petitioner’s costs and attorney’s fees incurred in this action.”

And then we both sign the attachment? Also what if she doesn't want to sign the attachment without her lawyer?
 

mistoffolees

Senior Member
I haven't checked the rules in Utah, but in many state, as soon as you deny ANYTHING, it becomes a contested divorce.

The best way to do it is for the two of you to agree on things and then submit the agreement.

She is certainly entitled to have her attorney look at the agreement. If you have questions, you should, too.
 

LdiJ

Senior Member
OK, thank you! Can I just write:
Paragraph 12. Deny (see attachement)
Paragraph 14. Deny (see attachement)
Paragraph 20. Deny (see attachement)


And in the attachment, say: Paragraph 12 should read, “Petitioner is entitled to receive and respondent is able to pay the sum of $500 per month as child support, due one-half on the 5th and one-half on the 20th of each month, beginning December 1, 2010.” The remainder of this paragraph can be admitted as stated.

Paragraph 14 should read, “Petitioner will not receive alimony from the respondent.”

Paragraph 20 should read, “Respondent will not be responsible to pay petitioner’s costs and attorney’s fees incurred in this action.”

And then we both sign the attachment? Also what if she doesn't want to sign the attachment without her lawyer?
You don't have to "deny". You can just say see attachment.

Then the attachment should not refer to any paragraphs or anything, it should simply be a stipulated agreement for child support and no alimony.

However, as Misto said, if the two of you agree on everything else, you can submit a joint stipulated agreement to the court instead of a response.
 

ken5140

Junior Member
If I understand you correctly, even though I have already been served, we can still do a joint stipulated agreement INSTEAD of a response? Or am I still required to submit a response?

And is the format for a joint stipulated agreement similar to a response? So in the joint stipulated agreement, I should not refer to the papers I was served? for example:
Paragraph 1 - Admit as stated.
Paragraph 2 - see attachement. etc.

I want to do this right because I can not afford to do it wrong.

Thank you so much for your help.
 
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ken5140

Junior Member
In other words, if my wife signs a joint stipulation agreement that we both agree too, I can submit that in place of a response and I won't need to worry about submitting a response, even though I have already been served. Am I correct?

And should I refer to the case # on the joint stipulation agreement?
 

LdiJ

Senior Member
In other words, if my wife signs a joint stipulation agreement that we both agree too, I can submit that in place of a response and I won't need to worry about submitting a response, even though I have already been served. Am I correct?

And should I refer to the case # on the joint stipulation agreement?
Yes, the header on the stipulated agreement needs to be the same as the header on the paperwork you received, with the case number included.

Then instead of a response, you could file a stipulated agreement...assuming that you agree on everything and it covers everything.
 

ken5140

Junior Member
That's awesome! I'll get that typed up.

My wife is not budging on the $500 a month although I still feel like it's a bit much for my income if we share custody. Will I ever be able to change that later? Maybe if her wages increase or she remarries or something? And does it have to be until the the youngest child reaches 21? Or can we just agree to age 18 or something? We have two kids - when one reaches 18, couldn't it be cut back to say $250 a month if we agree to that?
 

LdiJ

Senior Member
That's awesome! I'll get that typed up.

My wife is not budging on the $500 a month although I still feel like it's a bit much for my income if we share custody. Will I ever be able to change that later? Maybe if her wages increase or she remarries or something? And does it have to be until the the youngest child reaches 21? Or can we just agree to age 18 or something? We have two kids - when one reaches 18, couldn't it be cut back to say $250 a month if we agree to that?
Dude...you were told that you were going to have to pay 1000.00 a month and 500.00 a month in alimony. 500.00 a month is LOW for two children. DO NOT rock the boat because if child support gets modified, its likely to go up, not down...and no, no new spouse of hers will ever be responsible to support your children.

Also, child support goes by your state guidelines, both for the amount and for the age of the children when it ends. If that's 21 in your state, then its 21. When one child ages out of child support a new calculation is done, based on the guidelines.

Since again, you are getting a heck of a deal here, you had best hope and pray that she never files for a modification in the future.
 

ken5140

Junior Member
I feel like there's no reason for her to have custody of the children. What if I go to a lawyer and get it turned around so that I don't have to pay child support? Is that a probable or even possible? It'll be hard for me to pay a lawyer, but I figure it would save me over $80,000 in child support.
 

Isis1

Senior Member
I feel like there's no reason for her to have custody of the children. What if I go to a lawyer and get it turned around so that I don't have to pay child support? Is that a probable or even possible? It'll be hard for me to pay a lawyer, but I figure it would save me over $80,000 in child support.
Omg. That post right there. You just lost any support you could have gotten from the respected members of this forum. We don't do "I don't want to pay support so I'll have custody" cases.
 

Zigner

Senior Member, Non-Attorney
I feel like there's no reason for her to have custody of the children. What if I go to a lawyer and get it turned around so that I don't have to pay child support? Is that a probable or even possible? It'll be hard for me to pay a lawyer, but I figure it would save me over $80,000 in child support.
So, you ONLY want custody of the kids to avoid paying support, right?
 

Proserpina

Senior Member
I feel like there's no reason for her to have custody of the children. What if I go to a lawyer and get it turned around so that I don't have to pay child support? Is that a probable or even possible? It'll be hard for me to pay a lawyer, but I figure it would save me over $80,000 in child support.


Sigh.

Ya just blew it, dude.

You're thinking more about your wallet than you are about what's best for your kids.

Fail.
 

ken5140

Junior Member
You're absolutely right - I can see how that seems. It's not that I don't want to support my kids - not at all. I just feel that she doesn't need that much and if I have custody, she wouldn't need that much. And I don't have much money. The only bill I have ever had that high was a mortgage payment. My wife cheated on me for the last two years.
 
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