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Can I give my ex a house to get out of paying child support if she agrees to it?

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narf

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

There is a fight over the house that was bought during our marriage... she is saying if I give it to her that I don't have to give any child support anymore and she will sign for it and notarize it....

I have heard that to be incorrect.. because my ex can just go to child support office even after she signs a document that she doesn't want child support and just go to the office and apply for it and get it.

Is this true? Is there anyway out of paying child support!?

Thanks
 


Proserpina

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

There is a fight over the house that was bought during our marriage... she is saying if I give it to her that I don't have to give any child support anymore and she will sign for it and notarize it....

I have heard that to be incorrect.. because my ex can just go to child support office even after she signs a document that she doesn't want child support and just go to the office and apply for it and get it.

Is this true? Is there anyway out of paying child support!?

Thanks

Sure there is. Have your ex's current spouse adopt the child.
 

KeyWestDan

Junior Member
Yes and NO!

Much remains unsaid.

Is the divorce final and you each got a share of the house? And now she wants the entire house and is willing for the child support to end? How does the value of the future child support compare to the value of the house?

Her notarized statement would be pretty much useless. It does not change any decree or decision of the court. She would get the house and you would get the shaft, without grease.

You would need to go back into court and modify the settlement. You would have to do the transfer under court supervision for it to mean anything. She would have to agree to the end of child support, but that likely means little to the court. Mostly, the court would consider the welfare of the child in this "deal." The court might even appoint a Guardian ad Litem/attorney to represent the interests of the child. You could end up spending lots of money and get turned down by the court.

Don't be deluded. Talk to a family law attorney.
 

sandyclaus

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

There is a fight over the house that was bought during our marriage... she is saying if I give it to her that I don't have to give any child support anymore and she will sign for it and notarize it....

I have heard that to be incorrect.. because my ex can just go to child support office even after she signs a document that she doesn't want child support and just go to the office and apply for it and get it.

Is this true? Is there anyway out of paying child support!?

Thanks
You seem to think it's as easy as "buying off" the custodial parent in order to get out of your legal obligation to support your child? THINK AGAIN. A parent CANNOT legally waive the right to receive child support. The child is legally entitled to receive financial assistance from both legal parents.

Stop looking for ways to get out of having to support your own flesh and blood.
 

narf

Junior Member
The divorce is not final yet.. Is it even worth pursuing... would the court even allow this to happen? That if I give the house to my soon to be ex that the court will allow for me to not pay child support anymore?
 

ecmst12

Senior Member
No, a court will never allow it. When she files for CS a few months from now, the court is absolutely not going to take into account any lump sum or property you give her as part of the divorce settlement.

Ways to get out of CS...death of you or the kids, adoption of the kids by someone else (you will no longer be a parent), not having kids in the first place, not splitting up with the other parent while the kids are minors.
 

tuffbrk

Senior Member
And don't try to do it outside of court with her reimbursing you the child support (CS) paid based on some notarized agreement. If she ever has to go onto public assistance for anything, they will come to you for child support as repayment to the state. There is simply no way out of child support. Sell the house, keep your half of the funds and use those funds to pay your CS.
 

HomeGuru

Senior Member
OP, sell the house and take your share of the money and pay the child support in arrears. Put the rest in a trust account that pays the monthly cs when due.
 

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