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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I am currently sparated from my husband. We have 2 children ...

Customer Question

I am currently sparated from my husband. We have 2 children 15 and 18. They are living with him but divides their time 50/50. We have agreed to no child support. My question is will and can a judge overrule this. We are proceeding without lawyers so how does this need to be written i our agreement.
Submitted: 8 years ago.
Category: Family Law
Expert:  legaleagle replied 8 years ago.

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.

legaleagle and 5 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Shelley's Post: Is this true even if I make 3x more than he does?
Expert:  legaleagle replied 8 years ago.
If you make three times more than him and you have custody more time than your husband, you can ask in the agreed divorce decree to have the court set the support amount based on the state guidelines. Then when the court looks at your income and his income the court should find that 0 support or very little is required. Even if the court orders an amount you can choose not to take it and sign an agreement not to enforce the court's ordered support amount.
Customer: replied 8 years ago.
Reply to Shelley's Post: I am concerned they will make me pay
Expert:  legaleagle replied 8 years ago.

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.

Customer: replied 8 years ago.
So how should we write that up in the agreement? Just simply that we will have joint physical custody and the kids will split time between the two of us and that we agree there will be no child support for either party?
My oldest is 18 so does she even count in the child support issue?
Expert:  legaleagle replied 8 years ago.
You can write it exactly as you have above, and in WV the age that support automatically stops is 18 unless a court order states otherwise. So she would not count if she is already 18 unless you asked the court to include her because she was still in high school, but since you guys are agreeing to no support you can leave the 18 year old out.