As long you agree to the terms and file an uncontested divorce or separation agreement, the judge should honor your agreement. The only way he will overrule this is if one parent is required to pay support under law, and there is no law in WV.
You need to just include a custody clause that each parent will have joint physical custody with the children spending 50% of their time at each home. Each parent agrees that neither will pay support to the other spouse.
That may be a possiblity but your ex and can agree in a separate agreement between you two that if support is ordered he will not enforce any support award. Otherwise you may be obligated to pay if the court orders it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).