Don't want child support

[elfreeman]

What is the name of your state? Florida

My husband and I are going to file on our own as we agree on everything. I've agreed that as long as he gives me full custody, I don't care about getting child support from him (would never get it anyway). He tells me that it is not up to me and the courts decide what I get in the way of child support and $0 is not an option.

He wants to structure it so that I pay him alimony to cancel out any child support that he is to give me. I am refusing as, knowing him, as soon as I sign that, he will take me back to court to get the alimony. He cannot keep a job so paycheck garnished child support is not an option...plus I'm second in line behind the first wife that he owed $14,000 to.

What's the truth?

 

[djohnson]

The truth is you shouldn't give up the child support. If you ever go on state aid, they will go after him anyway. If you agree now, there is nothing stopping him from coming back trying to get custody or more visitation and asking you for child support. Have it ordered, if he doesn't pay it, he doesn't pay it. The child is entitled to be taken care of by BOTH parents.

Why does he think he would qualify for alimony?

 

[LdiJ]

What is the name of your state? Florida

My husband and I are going to file on our own as we agree on everything. I've agreed that as long as he gives me full custody, I don't care about getting child support from him (would never get it anyway). He tells me that it is not up to me and the courts decide what I get in the way of child support and $0 is not an option.

He wants to structure it so that I pay him alimony to cancel out any child support that he is to give me. I am refusing as, knowing him, as soon as I sign that, he will take me back to court to get the alimony. He cannot keep a job so paycheck garnished child support is not an option...plus I'm second in line behind the first wife that he owed $14,000 to.

What's the truth?

Whether or not he is right really depends on your judge to a great extent. You can agree on anything that you like (including no child support) and many judges will go along with that because you agreed.

However, there are some judges out there who won't agree on no child support.

DO NOT agree to pay him alimony. He won't pay the child support and you will still be stuck paying the alimony. Besides, he may not be entitled to it anyway.

What you could do however is agree to a very low amount of child support.