Waiving child support for primary custody

[Anonymous]

Anonymous wrote:

Anonymous wrote:Legally, it's pretty difficult to do this in most states, because the child has the legal right to the money, not you, and it's not in the child's best interest to waive.

However, I know a couple people who did this informally. There's no legal document or enforcement, but dad agreed to let mom have primary custody, and mom doesn't go after him for child support.

I don’t think courts will undo a voluntary agreement where one parent does not seek child support or all the child support they may be entitled to.

In my case and in my friend’s case no one cared! As long as there is an agreement they do not care in the slightest! Remember there is NO ONE BUT YOU who will fight for your interests

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Legally, it's pretty difficult to do this in most states, because the child has the legal right to the money, not you, and it's not in the child's best interest to waive.

However, I know a couple people who did this informally. There's no legal document or enforcement, but dad agreed to let mom have primary custody, and mom doesn't go after him for child support.

I don’t think courts will undo a voluntary agreement where one parent does not seek child support or all the child support they may be entitled to.

They absolutely will, and sometimes will even order backpay. The parent waiving support can change their mind at any point and seek child support. Some states even allow the child to go after backpay child support after they turn 18.

It's very risky for the parent not paying.

I don’t think they do this unless the child requires public support. As far as I am aware, courts enter custody and support orders that the parents agree to and don’t force a child support calculation if no parent has requested that.

Even public benefits depend on the type of benefit and the state.
My state doesn’t require anything for snap (food stamps),
Only for cash

[Anonymous]

Anonymous wrote:

Anonymous wrote:If he has them every weekend and you have them before and after work during the week, you are probably both spending about equal amounts of time with them / actively engaged and parenting. He might even be spending more time with the kids if he has Friday evening and all day Saturday and Sunday and you are spending Mon-Fri before work and Mon to Thurs after work. So forgoing child support makes sense. The time spent with kids is about 50/50 even if the official custody wouldn't be as it uses overnights.

Typical dead beat mentality. Fun weekends are not 50/50. Excluding all dentist, doctor, etc visits is not 50/50.

DP who did this, i don’t care if my ex is a deadbeat, he would be one regardless because he is that way. What I care about is for my child to have a primary residence and one responsible adult supervising his care

[Anonymous]

Anonymous wrote:Has anyone waived or accepted a very small amount of child support in exchange for getting primary custody of kids? Is that a bad idea? I make 200K/year working as an attorney and think I have a stable enough job. My priority is to keep my kids for the weekdays so there is no disruption in their school routine. Dad lives in another county.

Common but not for being only weekday parent. Common for 100% custody and other parents has rights to see for dinner or pre-planned weekends. Not routine or every weekend.

How old is your kid that s/he doesn’t have weekend games or practices or school projects to do?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Child support is for the kids/ In my state you can’t negotiate with the kids money.

Please cite the statute and case.

You can find your own cases here’s the statutes.

1. Colorado Revised Statutes § 14‑10‑115 (Child Support Guidelines)
      •   This statute provides that child support is based on the parents’ ability to pay and the needs of the child. 
      •   Subsection (1)(a)(I) states the purpose: “to establish … an adequate standard of support for children, subject to the ability of parents to pay.” 
      •   Subsection (4)(d) says that any agreed modification of child support must be reviewed by the court and the guidelines. 
2. Colorado Revised Statutes § 14‑10‑112 (Decrees — Modification of Orders)
      •   Specifically, § 14-10-112(6) provides that:
“Except for terms concerning the support, the allocation of decision-making responsibility, or parenting time of children, the decree may expressly preclude or limit modification of terms set forth in the decree if the separation agreement so provides.” 
      •   The implication is that support terms are treated differently: they cannot be bound in a way that removes the court’s jurisdiction entirely.
3. Case law and legal commentary consistently emphasize that child support is a right of the child, not simply a contract between the parents.
      •   For example: “Child support is the right of the child. Parents cannot, by contract, escape their responsibilities to provide adequate child support.” 
      •   A Colorado appellate decision held: “child support is the right of the child and it is violative of public policy to waive all child support.” 

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think this is a bad idea and sounds like he is trying to get you to accept less money in order to have a custody arrangement that just makes sense. Is he really going to drive them from another county to go to school? Or is he threatening to pull them from their current school to also get you to accept less in child support? If you're the parent living in the child's current school district you have reasonable odds of getting what you want without giving up more money.

Think long and hard about the consequences of giving up more than you or your kids deserve in terms of money. I'm currently in my 50s caring for my mother in her 80s and she's running out of money...I just realized all along my mom could have claimed a portion of my dad's social security benefits, but never did. My mom also focused on getting full custody and didn't ask for a portion of his retirement savings either. She's been fine but has been tight on money her whole retirement because she didn't start saving for retirement until after their divorce when she was in her 40s. Just don't leave money you're entitled to on the table while you're also taking on more of the child care burden as well!

How is she taking on more of the child care burden? Why does she deserve it? Dad is actively involved and spending considerable time each week with the kids. He is working full time and his weekends are entirely spent with the kids. He could have the kids 3 nights a week if he drives them to school Monday morning. OP is working full time and has her weekends free. Given most attorneys work fairly long hours, the amount of time she is spending with her kids each day is likely only a few hours. Dad may be doing a lot more running around, extracurriculars, getting what they need during the weekend than mom is before or after school.

This whole he is a man - stick it to him, try to get as much as you can out of him, he should be paying for everything, treat him badly, mentality on this thread is sad. So many people let their sexist views drive their decision making.

Why should he get all the weekends and none of the sick days or doctors appts or soccer practices? You’re insane if you think that people wanting a fair split are “sticking it” to him because he’s a man.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If he has them every weekend and you have them before and after work during the week, you are probably both spending about equal amounts of time with them / actively engaged and parenting. He might even be spending more time with the kids if he has Friday evening and all day Saturday and Sunday and you are spending Mon-Fri before work and Mon to Thurs after work. So forgoing child support makes sense. The time spent with kids is about 50/50 even if the official custody wouldn't be as it uses overnights.

Typical dead beat mentality. Fun weekends are not 50/50. Excluding all dentist, doctor, etc visits is not 50/50.

DP who did this, i don’t care if my ex is a deadbeat, he would be one regardless because he is that way. What I care about is for my child to have a primary residence and one responsible adult supervising his care

And that’s why the responsible parent deserves more than 50-50.

[Anonymous]

Anonymous wrote:different county - he lives in Vienna (Fairfax county) and I'm in Arlington. Kids attend Arlington schools. Morning/afternoon commute would be an issue for him so I'd hope he would agree to them staying with me in Arlington during the week - that is our current arrangement post-separation. Custody hearing is in Feb.

Link your post from last week so that people have the full picture of your situation.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I think this is a bad idea and sounds like he is trying to get you to accept less money in order to have a custody arrangement that just makes sense. Is he really going to drive them from another county to go to school? Or is he threatening to pull them from their current school to also get you to accept less in child support? If you're the parent living in the child's current school district you have reasonable odds of getting what you want without giving up more money.

Think long and hard about the consequences of giving up more than you or your kids deserve in terms of money. I'm currently in my 50s caring for my mother in her 80s and she's running out of money...I just realized all along my mom could have claimed a portion of my dad's social security benefits, but never did. My mom also focused on getting full custody and didn't ask for a portion of his retirement savings either. She's been fine but has been tight on money her whole retirement because she didn't start saving for retirement until after their divorce when she was in her 40s. Just don't leave money you're entitled to on the table while you're also taking on more of the child care burden as well!

How is she taking on more of the child care burden? Why does she deserve it? Dad is actively involved and spending considerable time each week with the kids. He is working full time and his weekends are entirely spent with the kids. He could have the kids 3 nights a week if he drives them to school Monday morning. OP is working full time and has her weekends free. Given most attorneys work fairly long hours, the amount of time she is spending with her kids each day is likely only a few hours. Dad may be doing a lot more running around, extracurriculars, getting what they need during the weekend than mom is before or after school.

This whole he is a man - stick it to him, try to get as much as you can out of him, he should be paying for everything, treat him badly, mentality on this thread is sad. So many people let their sexist views drive their decision making.

Why should he get all the weekends and none of the sick days or doctors appts or soccer practices? You’re insane if you think that people wanting a fair split are “sticking it” to him because he’s a man.

Because she isn't going to actually give him weekends and for some weekends are much harder with activities and sports? She wants to spite dad and then use friends/activities/sports as an excuse to refuse weekends too.

[Anonymous]

I accepted smaller amount so I could be custodial parent. It was well worth it.

[Anonymous]

Anonymous wrote:different county - he lives in Vienna (Fairfax county) and I'm in Arlington. Kids attend Arlington schools. Morning/afternoon commute would be an issue for him so I'd hope he would agree to them staying with me in Arlington during the week - that is our current arrangement post-separation. Custody hearing is in Feb.

You moved away. Now you want to take away custody. That's not ok. You should be forced to move back. Or, provide all the transportation back and forth to school on his days.

[Anonymous]

If you make $200K and he makes less, you could be paying him child support. If he makes the same or more, you may not get child support. You just want to take the kids away from him.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If he has them every weekend and you have them before and after work during the week, you are probably both spending about equal amounts of time with them / actively engaged and parenting. He might even be spending more time with the kids if he has Friday evening and all day Saturday and Sunday and you are spending Mon-Fri before work and Mon to Thurs after work. So forgoing child support makes sense. The time spent with kids is about 50/50 even if the official custody wouldn't be as it uses overnights.

Typical dead beat mentality. Fun weekends are not 50/50. Excluding all dentist, doctor, etc visits is not 50/50.

DP who did this, i don’t care if my ex is a deadbeat, he would be one regardless because he is that way. What I care about is for my child to have a primary residence and one responsible adult supervising his care

Agreed. The kids come first and someone has to step up.

[Anonymous]

Anonymous wrote:

Anonymous wrote:different county - he lives in Vienna (Fairfax county) and I'm in Arlington. Kids attend Arlington schools. Morning/afternoon commute would be an issue for him so I'd hope he would agree to them staying with me in Arlington during the week - that is our current arrangement post-separation. Custody hearing is in Feb.

You moved away. Now you want to take away custody. That's not ok. You should be forced to move back. Or, provide all the transportation back and forth to school on his days.

Where did OP say she moved away? It sounds more like she remained in Arlington with the kids, and he moved to Vienna. Also, she's not taking away custody. They have a post-separation schedule that seems to be working, and she's just asking for it to be continued.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If he has them every weekend and you have them before and after work during the week, you are probably both spending about equal amounts of time with them / actively engaged and parenting. He might even be spending more time with the kids if he has Friday evening and all day Saturday and Sunday and you are spending Mon-Fri before work and Mon to Thurs after work. So forgoing child support makes sense. The time spent with kids is about 50/50 even if the official custody wouldn't be as it uses overnights.

Typical dead beat mentality. Fun weekends are not 50/50. Excluding all dentist, doctor, etc visits is not 50/50.

DP who did this, i don’t care if my ex is a deadbeat, he would be one regardless because he is that way. What I care about is for my child to have a primary residence and one responsible adult supervising his care

Agreed. The kids come first and someone has to step up.

This is not the situation OP has said. OP doesn't want the kids to see their dad, he wants them so she moved away to stop any shared custody. A good judge would force her to move back or provide transportation.