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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16317
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My ex is willing to trade in s portion of the house support

Customer Question

Hi, my ex is willing to trade in his portion of the house for child support prepayment. I applied 3% yearly inflation on my expense calculation. However, he asked for 3.5 % prepaid interest (using loan amortization schedule). He also asked for below guideline monthly amount (about 30%) because our living expense has been below that and that he is changing career which may reduce his salary. In the end, I end up paying him 10% of house value.
1. Is it better to do this as a safeguard toward monthly collection going fwd?
2. Our son has been going to private school and he is graduating next week. We do not live in a good school district area. Is it true that he can choose not to pay for private school?
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
by the way, my ex is not a US citizen so he may move internationally which may be a collection problem in the future
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
sorry. I clicked the call function in error.
Expert:  Legalease replied 9 months ago.

Hello there --

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You are legally permitted to work out any payment schedule of child support that you wish to work out so long as it is fair and equitable for the child and the child will receive adequate support. Here, with your calculations, although you may be losing about ten percent of house value, you are right to worry about collecting child support internationally -- the US does have agreements with many western european countries to pursue child support (such as england and germany) but it is much more difficult to collect with countries in other areas of the world. Regarding your section question -- that is also legally correct -- the court will not force a non custodial parent to pay for private school OR college tuition and those are two subjects that if you can get him to agree on these (to pay a portion of them) in your written agreement filed with the court then you can enforce such payments through the family court if he does not make the payments in the future. Again, though, you may run into the problem of him residing in another country and if that happens you may have a harder time collecting the tuition money than child support (perhaps you can recover the ten percent in house value that you may be losing by getting him to agree to help finish up paying for the private school -- but again, the court cannot force him to do that).

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Do you have any further questions for me? If not, can you please press a positive rating above these chat boxes so I will be paid for my time? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. So, I really do appreciate that you want to make sure I am paid and given credit for my time for assisting you with this question. Your question will not close and you can come back in and ask follow up questions for several weeks after the question was asked. THANK YOU VERY MUCH

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MARY

Customer: replied 9 months ago.
regarding private school -> so even though the kid has been going to private school all this time due to really bad public school in our area, the judge can not force this going forward?because child support is modifiable, my ex asked for penalty clause which is if either party asked for modification, then the credit of 10% house value + 10% annual interest will apply. Is this legal?
Expert:  Legalease replied 9 months ago.

Hello again --

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It does not matter regarding the public school situation -- the court will generally not enforce a request for private school unless the non custodial parent is very wealthy and can afford to pay for it without issues at all. If that is the case, then you should make the request of the court and see what happens.

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Regarding modification of child support -- such a clause is NOT legal and will not be enforced by a family court. You see, a family court maintains continuing jurisdiction over child support in divorce cases and if either party applies for a modification the court will modify if there is an increase or decrease in the reportable income that is given by the non custodial parent. You should tell your ex to drop the penalty clause because if he suddenly hits the lottery you can and will apply for increased child support and the court will not even LOOK at the clause in the agreement regarding penalties for requesting a change in child support.

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Do you have any further questions for me? If not, can you please press a positive rating above these chat boxes so I will be paid for my time? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. So, I really do appreciate that you want to make sure I am paid and given credit for my time for assisting you with this question. Your question will not close and you can come back in and ask follow up questions for several weeks after the question was asked. THANK YOU VERY MUCH

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MARY

Expert:  Legalease replied 9 months ago.

Hello again --

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Do you have any further questions for me on this topic? If not, can you please press a positive rating above these chat boxes in the star rating section? I am paid NOTHING unless you press the middle star or the third or fourth star to the right of the middle star above in the ratings section. Doing so will not cost you additional money -- it is simply the trigger used by Just Answer to pay me for my time assisting you with this question. Otherwise, I am paid nothing. THANK YOU VERY MUCH

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MARY

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