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Uncontested Divorce w/minor child

 
 
Reply Wed 23 Mar, 2011 01:01 pm
My husband and I have been separated for four years, we have one minor child together. All assets have already been equally divided, as have any bills we have. I am filing for an uncontested divorce and we agree on everything & have a parenting plan designed so that we share our son equally. Neither of us wants to pay child support since we each provide for our child regularly. Can an uncontested divorce on grounds of irreconsilible differences be granted with no child support from either party based on the above information?
 
Joe Nation
 
  3  
Reply Wed 23 Mar, 2011 02:27 pm
@juliebug1214,
You can both stipulate that there will be no child support in your divorce agreement.
Suggestion: You should both agree to contribute an agreed amount per year to a college fund starting now.

You'll also have to agree on several other things:
How will this child be claimed on your tax returns? (You both can't claim one dependent and I'm not sure you can alternate years.)

Who will carry this child on health insurance policies?
How will you decide on whether the child goes to a summer camp and, if so, how will that cost be divided?
How will you decide if this child ought to go to a private school and how will the tuition, books, uniforms and supplies be paid for?
Who will be listed as the primary contact for the school system?
How will disagreements over the parenting plan (already in place) be resolved? ie: One parent wants to take the child skiing for a week during the winter holidays.

Joe(there's more)Nation
shewolfnm
 
  2  
Reply Wed 23 Mar, 2011 02:35 pm
@Joe Nation,
Joe Nation wrote:


Joe(there's more)Nation


*ahem*

could you please continue ? Smile
juliebug1214
 
  1  
Reply Wed 23 Mar, 2011 02:54 pm
@shewolfnm,
You make some very valid points. Guess it's a good thing we aren't sending him to private school or skiing. All costs are split equally between us. I continue the medical coverage as i have been doing. As far as income taxes, you can alternate years.
Ragman
 
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Reply Wed 23 Mar, 2011 03:02 pm
@juliebug1214,
... and when someone gets audited, who gets to go to jail? alternate weeks, I guess.

Seriously, when there is an audit, how do you explain this alternation to the auditor? Wouldn't this arrangement trigger a red-flag an audit?
Ticomaya
 
  2  
Reply Tue 29 Mar, 2011 11:52 am
@Ragman,
Ragman wrote:
... and when someone gets audited, who gets to go to jail? alternate weeks, I guess.

Seriously, when there is an audit, how do you explain this alternation to the auditor? Wouldn't this arrangement trigger a red-flag an audit?

You can alternate tax exemptions for minor children in every other year (Father gets tax exemption in every odd-numbered year, Mother gets exemption every even-numbered year) ... done all the time.

IRS Form 8332 is used for this purpose when the noncustodial parent is to claim the exemption in a particular tax year.
0 Replies
 
Joe Nation
 
  1  
Reply Tue 29 Mar, 2011 12:44 pm
@Joe Nation,
More:
What happens to the schedule of visitation if one or both parents move a considerable distance from your current location?
What happens in the event of a catastrophic illness or accident?
Suppose one parent declares without reason that they are no longer able to provide half of the support for the child?
Suppose that the illness or the accident afflicts one of the parents? Will the care and support of the child thereby become the sole duty of the non-incapacitated parent?
Suppose the incomes of the parents diverge to the point where one former spouse is making 300 or 400% more then the other former spouse? Will the expenses still be divided equally?
==
Here's from one of my friends. They too thought that they could split the expenses equitably and at first, when the child was three, they managed nicely. But, around the time the child turned five, things began to fall apart. One of the spouses, for unknown reasons, suddenly stopped feeding the child on 'exchange' days. Maybe toss a little cereal in a bowl in the morning, transfers were made at 6PM. The poor kid would get to the other parent's house about to "die from hunger".

About that same time the same parent stopped buying any clothes or toys for the child. The kiddo would return to his house wearing the same clothes he was wearing five days earlier and he wasn't allowed to bring any of the toys he had at the non-feeder parent's house over to the other parent's home.
(Can you tell that the 'feeder' parent had started seeing someone seriously? Yes.)

[Note: they did not work this out even with the help of a mediator. It ended up back in Court where each parent had to provide detailed receipts showing what amounts were being expended for the necessaries of the child four times a year at the District Attorney's office.]

It should also be noted that the expenses of raising a child from the age of five to the age of eighteen increases every single year. And girls cost a lot more than boys, especially after the age of twelve.
Are both parents expected to understand that and provide the appropriate amount to the child? Who is going to judge that?

===
What is to be done if one of the parents fails to provide nutritious food for the child when at their home?
How will the dietary guidelines be resolved and verified?
Can one of the parents forbid the other from feeding the child a list of particular foods? (No pork? No shellfish.)
Can one of the parents insist that the child be provided with particular foods? (Only Whole Wheat Bread allowed. Only Free Range Chicken.)
===
Who is going to decide if the child will be religious or, at least, exposed to religion?
What if, at ten years old, the CHILD announces that because of the influence of a best friend, religion has become a part of the child's life? Who's attending with the child? Both, neither?
====
Suppose one parent believes that the child has a future as (Pick one or more) an ice skater/ soccer player/ baseball pitcher/ gymnast/ pianist/ French horn player/kung fu black belt? Is the other parent required to provide equal support for the activity including driving the child to lessons or games at 5:30AM (three times a week) during the time that parent has custody?
====
What happens if the grandparents of either parent or both of the parents want to spend time with the child? Who sets the plan on how and when that will happen?
====
Suppose a relative of one of the parents, that the other parent hates with a hot hot hate, is getting married? Can the child, who is now sixteen and invited, be prevented from attending?
===
Is the refusal of one of the parents to attend Parent-Teacher Conferences or help with homework to be considered a violation of the equal support agreement?

There's still more, but hey....why pile on?

Joe(Isn't raising children fun?)Nation
0 Replies
 
 

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