Filing Divorce Papers If Neither Party Will Be Paying Child Support

Houston divorce lawyerQuestion:

My wife and I are going through an amicable divorce with the children residing with me the majority of the time and an agreement in place that neither of us will pay child support to the other.

Even though we both are paying for things as they are needed and do not want child support from each other, my state will not even let us submit the divorce filing unless the child support section is filled out.

It was suggested we just go ahead and put me as the one paying child support, but I’m worried that if we do that there will be no turning back and the judge will order child support even though my wife doesn’t want it and the kids live with me.

How can we submit divorce paperwork if neither party is wanting to pay child support?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.

If you have the children more than 50% of the time and do not want to be liable for child support, then I would suggest that you be the one to file as the primary conservators of the children and request child support from your wife.

You can indicate that the payments be made directly to you and have an agreement between you two that she does not have to pay you the support. Keep in mind, as long as this order is in place and you do remain the primary conservator for the children, then you can enforce this order at any time if and when you want your wife to comply with the order.

Alternatively, if your wife puts you down as the one who is obligated to pay child support and you make an agreement that you don’t have to pay her, she can go to court to try and enforce the order at any time.

If the children are with you the majority of the time, then you may have a strong argument against any child support enforcement action that can be filed against you. This option may not be the best solution as it can leave either party vulnerable to a child support enforcement action in the future.

Therefore, I would suggest that you try and have a men’s divorce attorney draft a Final Decree of Divorce that includes parenting and child support terms that are agreeable to both you and you wife.

This way you can indicate that each party will bear the costs for the children while in their possession which would eliminate having to indicate either person as the primary conservator or obligor for child support purposes.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Texas Divorce Lawyer Ijeoma A. Ugoezi, contact Cordell & Cordell.

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2 comments on “Filing Divorce Papers If Neither Party Will Be Paying Child Support

    R your incomes about the same, and it’s truly 50/50? Then I would just tell the judge that you two don’t want child support from the other. If they refuse, take it to the de nova, then to appeals court. Take it to the newspaper (use a different name). The states want one parent to pay custody because the state gets so much back from the federal government.

    R your incomes about the same, and it’s truly 50/50? Then I would just tell the judge that you two don’t want child support from the other. If they refuse, take it to the de nova, then to appeals court. Take it to the newspaper (use a different name). The states want one parent to pay custody because the state gets so much back from the federal government. I live in Wisconsin and one of my sons’ guardian ad litem decided that neither parent would pay because it’s 50/50.

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