Child support question

[beststepmomever]

Hi Soc,

My husband and his ex have worked out a new parenting plan that will work well for everyone involved... but she wants him to put in writing that he will "never" go back for child support. She makes more money than he does and that seems to be a big concern of hers. We don't have any intention of going for child support as we feel that there really is no reason to if we can support them without help. Oh, we are in AZ...

My questions are as follows:

1. Is there any way a judge would approve a plan that stated that child support will never be exchanged? Or how would you suggest that it be worded so that in effect it would say close to the same thing?

2. If we talked to her about setting up a "fund" of some sort (college, or when the kids turn 18, etc...) at a pretty low dollar amount - is that something that can be specified in the documents in place of child support?

Thanks so much for your help!

[socrateaser]

>My questions are as follows:
>
>1. Is there any way a judge would approve a plan that stated
>that child support will never be exchanged? Or how would you
>suggest that it be worded so that in effect it would say close
>to the same thing?

It is violative of public policy for parents to bargain away their child's right to support. If you add such a clause to your stipulated orders, the judge will refuse to sign it, and even if he/she does sign it, no judge that is later asked to enforce such a provision will do so. In short, you can say whatever you want, however you want, but it won't be worth the paper it's printed on.

I suggest that you explain to the other parent that what she is asking for is unlawful. It is the equivalent of selling/renting her custody rights to you (aka, involuntary servitude/slavery).

>2. If we talked to her about setting up a "fund" of some sort
>(college, or when the kids turn 18, etc...) at a pretty low
>dollar amount - is that something that can be specified in the
>documents in place of child support?

You certainly can agree to set up a fund and contribute to it under court order. However, this contribution would be entirely separate from the support obligation, and would not change that obligation were you or the other parent to file to modify support.

I STRONGLY advise that you do not agree to any separate financial arrangements regarding the child's support. If you or the other parent wants to set up a fund, do it voluntarily, not by force. BIG mistake.

[beststepmomever]

All points well taken. Thank you for your advice :). You are much appreciated.