Please Help

[sammigirl22]

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

I am thinking abour filing for divorce. My husband is a great father and I know that if I were to ever need anything, he would be there. I have read that we can NOT agree that he doesn't have to pay child support. We have 2 children. Because of the economy, we live paycheck to paycheck for the most part. Can I agree to have my payments like $50/month?

 

[Just Blue]

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

I am thinking abour filing for divorce. My husband is a great father and I know that if I were to ever need anything, he would be there. I have read that we can NOT agree that he doesn't have to pay child support. We have 2 children. Because of the economy, we live paycheck to paycheck for the most part. Can I agree to have my payments like $50/month?

Can you please clarify the bolded portion for me??

 

[Zigner]

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

I am thinking abour filing for divorce. My husband is a great father and I know that if I were to ever need anything, he would be there. I have read that we can NOT agree that he doesn't have to pay child support. We have 2 children. Because of the economy, we live paycheck to paycheck for the most part. Can I agree to have my payments like $50/month?

One can agree to no child support...however, child support is modifiable at any time (within certain guidelines.) So, You can agree to zero or $50, but you can't agree to a clause that it will ALWAYS be that amount.

 

[mistoffolees]

One can agree to no child support...however, child support is modifiable at any time (within certain guidelines.) So, You can agree to zero or $50, but you can't agree to a clause that it will ALWAYS be that amount.

Right. Just to clarify:

If you agree to $0 child support and neither of you ever asks for a modification AND if the custodial parent never receives Welfare or other money from the state, it will stay at $0. It only gets changed if someone requests a change and/or the state has to support the custodial parent and wants to recover its money.

Note, also, that some judges might not sign a $0 support agreement if it is grossly unfair. For example, if the custodial parent has no attorney and maximum income-earning ability is minimum wage, while non-custodial parent is has a six-figure (or higher) income and has an attorney, the court might not agree to $0.00.

 

[Zigner]

Right. Just to clarify:

If you agree to $0 child support and neither of you ever asks for a modification AND if the custodial parent never receives Welfare or other money from the state, it will stay at $0. It only gets changed if someone requests a change and/or the state has to support the custodial parent and wants to recover its money.

Note, also, that some judges might not sign a $0 support agreement if it is grossly unfair. For example, if the custodial parent has no attorney and maximum income-earning ability is minimum wage, while non-custodial parent is has a six-figure (or higher) income and has an attorney, the court might not agree to $0.00.

Thanks for the clarification