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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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My spouse and I have come to an agreement that does

Customer Question

Hello,
My spouse and I have come to an agreement that does not coincide with some of the guidelines. We have agreed to no child support, she will provided the medical insurance because it is not affordable from my employer. As far as custody we have agreed to a case by case basis on special events and holidays. I am not sure how to word this on the forms. I work out of state a lot and if this is denied by the court it will just drag this out longer.
Submitted: 7 months ago.
Category: Family Law
Expert:  Maverick replied 7 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Customer: replied 7 months ago.
Yes I understand
Expert:  Maverick replied 7 months ago.
1. We have agreed to no child support. Under TX law parents can agree to a different amount of child support than the guidelines, or they may even agree that child support is not needed. This sometimes happens when the parents’ income is approximately the same and they have the ability to share equally their children’s expenses and their time with the children. So you can just word this by saying that "The parties agree that child support is not needed." MORE TO COME...
Customer: replied 7 months ago.
When it comes to the child support, I am worried she doesn't make enough and that I will be forced to pay a ridiculous amount that is not necessary. We have an agreement that if the children need anything that I will provide what is possible.
Expert:  Maverick replied 7 months ago.
2. she will provided the medical insurance because it is not affordable from my employer. Under TX law you can make an agreement between you about who carries the child on which parent's insurance policy and who pays the premiums if that differs from what the law specifies. So, to word this, for example, you could use something like this:"Mother [i.e. her name] hereby agrees that she will carry the child on her employer's health insurance policy and pay all related premiums associated with obtaining such coverage until such time that either party obtains a court order setting forth a different arrangement concerning health insurance." more to come...
Expert:  Maverick replied 7 months ago.
3. As far as custody we have agreed to a case by case basis on special events and holidays. I am not sure how to word this on the forms. Normally the child lives primarily with one parent. Absent agreement otherwise, the other parent has "possession" of the child at certain times. Who is the child going to live with in your case?
Expert:  Maverick replied 7 months ago.
When it comes to the child support, I am worried she doesn't make enough and that I will be forced to pay a ridiculous amount that is not necessary. We have an agreement that if the children need anything that I will provide what is possible. This is fine, just put in the agreement that the parties agree that child support is not needed. But you might want to be prepared to show the court that you will have primary custody since she does not make enough and that you have make sufficient income to care for the child if you want the "no support" provision to be approved by the court.
Customer: replied 7 months ago.
The children primarily live with her but my parents and I see them almost if not more than they are with her. I am currently on contract work out in Florida until I find employment in Texas. I go back every two weeks. Once I gain employment in Houston we have agreed to split all cost and time as close to 50/50 as possible.
Expert:  Maverick replied 7 months ago.
When you inform the judge of these facts, he may require you to pay her support until such time that it becomes a 50-50 split. It is also possible that if the agreement says that no support is needed and both parents sign off on it in, then the court will approve it as is. There is no way to know in advance as the court has wide discretion on this matter when it comes to protecting the child's interests.
Customer: replied 7 months ago.
okay, I understand I have been paying her 400-500 a month off line to help. The rule are that if it is 10% lower than the standard that it might present an issue.
Customer: replied 7 months ago.
I would just have to state in the forms that when I move back that the payments will stop?
Expert:  Maverick replied 7 months ago.
Yes, that is one way to handle it. For example, you could state that you will pay child support in the amount of $450.00 a month until such time that you have gained employment in Harris County or one of its surrounding counties.
Customer: replied 7 months ago.
Would you mind review what I wrote?
Customer: replied 7 months ago.
reviewing*
Expert:  Maverick replied 7 months ago.
Please know that what you put into the forms is something that you must take responsibility for as we do not give legal advice. I can tell you what I would put in for myself if it were me but you must understand that you have to consult a lawyer in your county before acting or not acting based on anything I say if you want legal advice. I will send you an offer of premium services and if it is acceptable to you then please click accept and upload what you wrote.