Not divorced Yet.......Help!!

[holler at me]

What if me and my wife agree to stay in the marital home(together) for 5yrs then sell. niether requesting CS. Will court impose CS order anyway even though we say no?

Who is awarded primary residential in a case like this?

Need more info let me know.

[ocean]

I do not understand "why" you would choose this route? Even in my separation papers it stated we were to live apart. 5 years is a long time...what is going to happen if one of you starts another relationship? Maybe 6 months until one of you gets on their feet finacially?? If you are getting divorced, someone has to be named primary OR you can have Joint Custody (shared) but this usually has to do with one parent getting custody one week then the other the next week (or something similiar). Child support is seperate but in your divorce papers. You can agree to no child support...if you both agree it should not be a problem. You just state that you both are supporting them and you already have it worked out. Good luck!

[leon clugston]

regaurdless of if you can get along or not, child support is not for the parents, nor doos it realy apply for the children since we are all third party beneficuaries. The problem is not that you are divorcing each other the problem resides deeper than most people think, you are divorcing the state, you took an oath, a paper, marriage certificate, and the state is the benefactor of youre marriage, when you divorce you disrupt or rob the state of its federal gratuities. The problem w/ child support is that the state is a benefactor and when you enter into the courts to divorce the state wants it take to, Its hard concept but hundreds of supreme court cases is pointing that way.Most states have a clause that you cannot wiave child support, but the clincher to all this is you have to enter into a court and consent to waive youre rights, and let the courts decide who the children shall reside w/, if you two are going to stay in the same house and not fight over the children for the time being, then youre ex and you, can write youre own agreement and tell the judge that it is not open to consideration of change, in fact as long as you dont bring up the issue of custody within the proceedings the judge cannot do anything, everything that happens in administrative courts is done by consent by one side or the other.
Good luck, research, research, it will save you time and money and headaches.

[holler at me]

So basically if we put in our agreement that we will remain in the marital home together indefinitely(yeah right), remain with joint custody, and make no interuption to the current financial support of our children the judge cannot intervene with court orders of custody or CS?

I know I read somewhere that the judicial system cannot impose any CS or award custody if parents make their own arrangements via mediation, they would have to find it in the best intrest of the child(ren) that they intervene. If a decision is made based on this reason the decision can be appealed and court would have to prove why it was in the best intrest of the child to mandate CS or award custody.

[leon clugston]

no, what it does is makes the court step forward and puts them on the spopt, forcing them to make a decision w/ out youre consent that is aumatically appealable. The best interest of a child is a interpretive law, open to the discretion of the judge, it realy has no set boundries, but if a judge stepes into this realm he has to explain in detail his actions. The problem is these judges(courts) have what they call cooperative agreements(contracts) w/ the state child support agencies and the attorney generals office, and one of the stipulations in the contract is to obtain as many as possible, and as high as possible child support orders, it is called cooperative agreemnets under section 3.1 of the state child support plan as required under the social security act and title IV-d. The agreement when entered as a non negotiable issue, and not brought up by either side again during the proceedings limits the judge, to where if he/she themselves brings it in run the risk of judicial error, that is appealable, to a higher court.

[ocean]

Joint custody usually means Joint LEGAL custody (deciding medical, school issues). You are looking for Joint PHYSICAL Custody. This will be fine until one of you moves out. You could put in there that when one of you moves out, as long as you are in the same school district that you will continue shared custody (ex. one week on , one week off). You really need to put what you want after you seperate because you will go through all of this again if it is not addressed in these papers (and whatever is in them will be hard to change). Good luck!

[leon clugston]

only put in papers what you want the courts to adress and make decisions for you. If you put something in papers the administartive judge can use his interpretive authority under what he/she beleives is right and make a decision for you. Any subject brought into a court is beleived to be an issue you youreselves cannot resolve without a mediator(judge) and therefor leaving the result to his/her beleife of wht is right.The other key to going to court is going in under a special and restricted appearence, it limits the judges to the issues you want.