Please look at our agreement and give feedback
CUSTODY: Father and Mother will have joint physical and legal custody of children, with children_s primary residence being Mothers home. Neither parent can remove children from L.A. County for change of permanent residence without the others knowledge and written permission. (Can we say this? Neither of us ever plan on moving any time soon as both our jobs and lives are here.) Both parties will split each child every year for tax purposes. Younger child will be claimed by Mother.
SPOUSAL SUPPORT: No spousal support will be paid to either parent at this time or ever. (We weren_t sure we could even say this)
CHILD SUPPORT: There will be no court ordered child support paid to either parent due to co-parenting plan devised and agreed upon by both parties. Both parents agree to co-parent as if they lived in the same household (i.e. pick up and drop off children around each other_s work schedules as well as watch children while each is at work). Father has separate written agreement with mother regarding monies directly deposited into a joint account for both parties from his current employer to help with extra expenses that children may need. Father agrees that as long as he is employed by Federal Express, he will continue this direct deposit. Mother also acknowledges, amounts directly deposited can be as little as $1 and will not dispute any amounts received. Copy of agreement is included following this agreement. (By the way, the $400 I_ve been getting every month from him has been through this direct deposit into our joint account. That is an average of what I_ve been getting since separation. I don_t even care about the money any more. I make a little more than he does currently)
Father will continue to keep children insured through his work health insurance policy as long as that is in force. Mother will also continue to be covered under his policy until divorce is final. At that time she will be responsible for her own health insurance coverage. Both parents will split co-payments and any medical costs for children 50/50. The parent who takes child to medical provider will be responsible to pay out of pocket and bill other parent within 30 days. The other parent has 30 days after receipt to pay their portion of the bill. At both parent_s discretion, a different payment plan can be negotiated if agreed upon in writing. Neither parent will take children to an out of network provider, unless it is an emergency that an in network provider cannot be reached to accommodate child. If either parent takes child to an out of network provider in a non-emergency situation, that parent will be responsible for the entire medical bill and other parent will not be held liable for any expenses from that visit.
Both Father and Mother agree to keep their new Primerica Life Insurance Policies in force with both parties listed as irrevocable beneficiary for the benefit of their daughters. Both insurance policies are in force through Primerica Life Insurance in the amount of $200,000 each for a 20 year term. Children are listed on each policy as riders. Each party will pay for their separate policies and these policies will stay in force no less than 20 years from the date it began, at which time both children will either be college aged, in college or already completed their college education. (Can this be in agreement?)
Both parents will pay for educational costs 50/50 until children graduate from high school or reach the age of 18, whichever occurs last. This includes cost of tuition and books at schools. Other activities are considered extra-curricular. Mother will pay out of pocket and bill father who will have 30 days from receipt to pay his portion. At both parent_s discretion, a different payment plan can be negotiated if agreed upon in writing. This will allow sensitivity to both parties budgets.
Each parent will pay for children_s necessities while in their care. If children are enrolled in extra-curricular activities, both parents must be in agreement to costs and if so, will split costs 50/50. Agreement must be in writing. If both parents are not in agreement to costs of activity, the parent who wants activity for children will bear 100% responsibility for the costs.
Child Care Costs: Both parents will take responsibility to watch their own children around each other_s work schedules. IF both parents work schedules overlap, both parents agree that whoever they choose to care for their children during working hours will be chosen by parent who would normally have them during that particular time. Child care provider must be known to both parents and if a paid provider, both parents agree to split costs 50/50. Parent who is responsible for children during this time will pay out of pocket and other parent will be billed and has 30 days to pay their portion. If non-licensed child care provider cannot be agreed upon, parent who would normally have children during time needed will employ a licensed child care provider of their choice, provide copy of license and information to other parent, pay child care costs and bill other parent within time frame. (Does this make sense?)
*If any shared costs is not billed to other parent within 30 days, the paying parent takes 100% responsibility for costs and other parents will not be liable. If parent who receives bill does not pay his or her portion within 30 days of receipt the balance can be subject to 10% interest charges and paying parent has option of turning the owed debt over to Department of Child Support Services to collect on.
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Thank you for you supporting words and questions. It helped us come up with this plan. Would you be able to look at it and give me some feedback? We hope to get this all down and all paperwork filed no later than the end of this week. Please let me know if we are way off base and also is it possible that we can agree on everything and never had to stand in front of a judge. My friend said her boyfriend and is ex-wife divorced 4 years ago and they never went to court. They drew up paperwork and didn_t need to see a judge. Is that possible in LA County? Here is our plan so far:Ohiogal said:Good for your friend for talking you out of the madness.
What you were suggesting is stupidity.
Agreements can work but they need to be spelled out.
CUSTODY: Father and Mother will have joint physical and legal custody of children, with children_s primary residence being Mothers home. Neither parent can remove children from L.A. County for change of permanent residence without the others knowledge and written permission. (Can we say this? Neither of us ever plan on moving any time soon as both our jobs and lives are here.) Both parties will split each child every year for tax purposes. Younger child will be claimed by Mother.
SPOUSAL SUPPORT: No spousal support will be paid to either parent at this time or ever. (We weren_t sure we could even say this)
CHILD SUPPORT: There will be no court ordered child support paid to either parent due to co-parenting plan devised and agreed upon by both parties. Both parents agree to co-parent as if they lived in the same household (i.e. pick up and drop off children around each other_s work schedules as well as watch children while each is at work). Father has separate written agreement with mother regarding monies directly deposited into a joint account for both parties from his current employer to help with extra expenses that children may need. Father agrees that as long as he is employed by Federal Express, he will continue this direct deposit. Mother also acknowledges, amounts directly deposited can be as little as $1 and will not dispute any amounts received. Copy of agreement is included following this agreement. (By the way, the $400 I_ve been getting every month from him has been through this direct deposit into our joint account. That is an average of what I_ve been getting since separation. I don_t even care about the money any more. I make a little more than he does currently)
Father will continue to keep children insured through his work health insurance policy as long as that is in force. Mother will also continue to be covered under his policy until divorce is final. At that time she will be responsible for her own health insurance coverage. Both parents will split co-payments and any medical costs for children 50/50. The parent who takes child to medical provider will be responsible to pay out of pocket and bill other parent within 30 days. The other parent has 30 days after receipt to pay their portion of the bill. At both parent_s discretion, a different payment plan can be negotiated if agreed upon in writing. Neither parent will take children to an out of network provider, unless it is an emergency that an in network provider cannot be reached to accommodate child. If either parent takes child to an out of network provider in a non-emergency situation, that parent will be responsible for the entire medical bill and other parent will not be held liable for any expenses from that visit.
Both Father and Mother agree to keep their new Primerica Life Insurance Policies in force with both parties listed as irrevocable beneficiary for the benefit of their daughters. Both insurance policies are in force through Primerica Life Insurance in the amount of $200,000 each for a 20 year term. Children are listed on each policy as riders. Each party will pay for their separate policies and these policies will stay in force no less than 20 years from the date it began, at which time both children will either be college aged, in college or already completed their college education. (Can this be in agreement?)
Both parents will pay for educational costs 50/50 until children graduate from high school or reach the age of 18, whichever occurs last. This includes cost of tuition and books at schools. Other activities are considered extra-curricular. Mother will pay out of pocket and bill father who will have 30 days from receipt to pay his portion. At both parent_s discretion, a different payment plan can be negotiated if agreed upon in writing. This will allow sensitivity to both parties budgets.
Each parent will pay for children_s necessities while in their care. If children are enrolled in extra-curricular activities, both parents must be in agreement to costs and if so, will split costs 50/50. Agreement must be in writing. If both parents are not in agreement to costs of activity, the parent who wants activity for children will bear 100% responsibility for the costs.
Child Care Costs: Both parents will take responsibility to watch their own children around each other_s work schedules. IF both parents work schedules overlap, both parents agree that whoever they choose to care for their children during working hours will be chosen by parent who would normally have them during that particular time. Child care provider must be known to both parents and if a paid provider, both parents agree to split costs 50/50. Parent who is responsible for children during this time will pay out of pocket and other parent will be billed and has 30 days to pay their portion. If non-licensed child care provider cannot be agreed upon, parent who would normally have children during time needed will employ a licensed child care provider of their choice, provide copy of license and information to other parent, pay child care costs and bill other parent within time frame. (Does this make sense?)
*If any shared costs is not billed to other parent within 30 days, the paying parent takes 100% responsibility for costs and other parents will not be liable. If parent who receives bill does not pay his or her portion within 30 days of receipt the balance can be subject to 10% interest charges and paying parent has option of turning the owed debt over to Department of Child Support Services to collect on.
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