How to word a waiver of child support (IL cook county)

[JMK]

I'm really hoping someone can help me here.  My husband and I are trying to finalize our dissolution of marriage and parenting agreement.  We have a very amicable relationship and are doing this pro se.  I am the higher earner 90K  (to his 40K) and will be the custodial parent.  I understand that CS is the right of the child but I don't need it.  As it stands our schedules are such that he get's off earlier than myself and is able to pick the kids up from school and take them to therapy, tutoring and other extracurricular activites.  If he is ordered to pay child support he would probably have to work overtime to maintain his life style and our children's while they are with him.  This would make it hard for him to do what I consider to much more important (therapy, turtoring, etc ).  How is it in the best interest of our children to make it hard for him to do these things for them.  Yes I could reduce my schedule and make less money but it wouldn't offset what he would give me for child support.  Part of the agreement is that he will provide insurance and pay half of medical bills.  Since he is a union employee this health benefits are cheaper.  At least a couple hundred dollars, which is the equivalent of ordered CS by 28% IL guidelines.  It is not in the best of our children to see their father less, have me pay more in childcare for someone to watch our children so he can work OT to pay me a CS that I don't need.  Is there anyway that we can word our parenting agreement so that I am not waiving child support all together ( since yes, it is their right) but saying that we will revisit if the need arises at a later time?

[ocean]

You can word it however you want and in some states you would have to sign a paper stating you understand that you are entitled to CS but are declining it at this time because..."father has limited income and will be supporting children with care after school instead of daycare, health benefits, and percentage of out of pocket health expenses" or you can say "parents have joint custody agreement and no child support will be ordered at this time".

Child support can be changed but you need to have a change in circumstance. (you lost your job, dad changed jobs and you needed to pay for daycare, dad or you moved far away and travel expenses).

[JMK]

Ocean, thank you for your reply!
My husband is requesting joint custody, but I would be the custodial parent.  Would he then be entitled to CS with a joint custody agreement.  He has done some research and said I would be paying him but that is not what I have found to be the case in my research.  From what I understand CS is given to the custodial parent. I am looking for a place close to him so we can share childcare responsibilities.  But they would live with me with overnight's every other weekend and possibly more as I do not want them to feel a lack of paternal time.  Could he then turn around a request CS from me since I am the higher earner even if I am the custodial parent?  I pay for all childcare expenses, therapy, and turtoring ( $1400 a month).

[ocean]

First, I would LOVE for you to be my husband ex! LOL Good for both of you!

Once you get final paperwork, you need a change in circumstance so either parent can ask for the change. Child support is meant to keep both houses pretty equal so the children have the same care in both houses. Since you make more money even with you having more nights, some judges may order you to pay him but in most cases the non-custodial parent pays the custodial. This happens when people do not agree and the judge needs to go by the numbers. If you both agree and sign, most judges just stamp/sign it with few questions.

Usually no child support is done when each parent has them equal time and within the same salary but in your case no child support due to less daycare and to keep dad's house same as yours without dad having to work OT. If either of you get new spouses I hope you can keep us this great communication!

[JMK]

Thanks for the compliment Ocean.  I've had a very good relationship to model.  My father and his first wife were able to maintain a very good relationship/friendship after they split for the sake of my sisters and brother.  I spent numerous nights and weekends at his ex wife house because they did not believe in raising half siblings. One childhood memory that stands out is being with my oldest sister (who was 16 at the time and I was 6) and I ran into one of my mother's friends.  She asked me who I was with and I said my half sister (because I knew, she knew, my mother had no other kids).  Well my sister heard me and cried and told my father who told me  "their are no halfs in this family".  And then I look at my parents and see how they didn't work.  My mom was more focused on the money than the time.  Don't get me wrong I realize that money is needed to raise kids but as my grandmother would say, " you can't get blood from a turnip".  If you don't have it, you shouldn't deny access to children.  My mother was jealous because when they were together he had money to give his first family but by the time they broke up, he was in  a different financial situation.  Okay, I'm all off subject here. lol
Thank you for your help.  I will reword the part in the agreement about child support "from no child support is request" to  "Due to joint parenting agreement no monetary child support is requested at this time.  Child support will be provided with health benefit, percentage of out of pocket health care related costs and child care after school by father vs a daycare."  And if the Judge gives us a hard time hopefully I can speak and explain how it isn't in our children's best interest to atribute support as strictly a dollar figure...At this time. If that fails I'll ask for like a hundred dollars to go into a saving account or something.  Guess it all depends on the Judge being reasonable and rationale.

[ocean]

Ha ha....
If this is a non-contested divorce then you may not even see a judge unless they question something. Mine was sign off without a court date. Took a few months for the paperwork to be signed but never saw a judge.

[JMK]

Non contested!

[ocean]

Call your local supreme court (not family) and ask them. Usually a fee to file paperwork then just sit back and wait for judge to sign. Here is a few hundred dollars I believe as the fee.

[JMK]

Yes there is a 337 fee to file paperwork.   It all sounds wonderfully simple... I'm nervous. lol