With a true Joint Conservatorship and 50/50 custody, what is the best method to get a Judge to sign agreeing for no child support orders? - Child Custody Law Questions and Answers- LawQA.com

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With a true Joint Conservatorship and 50/50 custody, what is the best method to get a Judge to sign agreeing for no child support orders?

My husband and I are divorcing after 12 years of marriage, still friends and live 5 minutes apart in the same ISD. We have one minor child, age 11. We have prepared the Petition, Waiver, etc. ourselves and are working on the Final Decree.


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In general, if both parties agree, in writing, that they will not seek child support at this time a judge will allow it. However keep in mind that in the future should circumstances change there can be modification of the child support as there is always an obligation to support ones child until the age of majority. Child support can not be permanently waived.

Answer Applies to: Rhode Island
Replied: 4/29/2014

Peters Law, PLLC
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As long as there will be no government assistance needed by either party, chances are good the judge won't care if you both agree to waive child support. I presume that you have in your proposed order an equal splitting of any extra curricular activity costs as well as medical and dental bills, etc. I know you are trying to your divorce on the cheap; however, it would not hurt to have an attorney to review the document on your behalf to make sure all areas have been covered.

Answer Applies to: Idaho
Replied: 4/29/2014


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You do not have the right to waive your child's right to support. However, if your incomes are similar and parenting time is equal, it may be that the child support obligation will be negligible. In that case, you could justify a deviation from the guideline recommendation by stating that the recommended amount is not adequate for the support of the child and that, in lieu of child support, the parents are going to share expenses. Then, set forth which expenses are going to be shared (school expenses, clothing, extracurricular or extraordinary expenses, medical expenses) and HOW they are going to be shared (50/50 or whatever a correct pro-rata share of your income turns out to be).

Answer Applies to: Indiana
Replied: 4/29/2014

Answer By Diane L. Berger

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Generally a simple statement that each of you will be responsible for the costs and expenses of the child while he is with you should be sufficient.

Answer Applies to: Nebraska
Replied: 4/29/2014

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