Legal Question in Family Law in California
No child Support!!!
I am currently going through a divorce. We have a 1yr old child. We are home owners and have a good amount of equity in the house. We are trying to resolve this on our own. We started talking about possibly her keeping the entire amount of the equity in the house in return for no child support. Is there a way I can guaratee she cant come back and ask for child support down the line? Is there a waiver for a no child support order? Or something along that line. We are both willing to do this I just want to make sure she doesnt change her mind 5 yrs from now. What do you recommend I do in this situation to protect myself.
3 Answers from Attorneys
Re: No child Support!!!
DO NOT agree to this! There are no waivers of child support. She will be able to come back at anytime and ask for guideline support. The courts will not let her waive support, it is against public policy. Support is based on the amount you both make, and the amount of time you spend with the child. Be careful, you will want to consult with an attorney.
Good luck.
Re: No child Support!!!
You need an attorney immediately. Do not attempt to do this on your own. To protect yourself you need to know the law. The court will continue to hold jurisdiction over matters involving your child.
You are welcome to contact my office in regards to this issue.
Joshua Hale
Re: No child Support!!!
Child support is generally a right of the child and therefore cannot be waived. There is no way that guarentee that there will never be a request for a child support order. I have written agreements that attempt to exchange child support for equity in property, however, explained the problems to my client. Generally, I will put in wording that if there is a future request for child support that the support will be reduced by the value of the land. Another problem is if in a few years you both decide that you should be the primary caretaker of the child. What are you going to do with child support. This is not something that you can do by yourself. Good Luck, Pat McCrary
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