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Currently in divorce talks and want to do a no contest

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Currently in divorce talks...

Currently in divorce talks and want to do a no contest divorce, neither party wants to draw this out, We have an adopted special needs son with downs who receives a monthly stipend from the state. We have agreed that neither should pay child support but have been told that is not possible. if this is true can we decide on amount to be paid?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Have you talked to a lawyer yet?

She has

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The adoption was finalized last year, and /I have offered to give up rights

Submitted: 8 months ago.Category: Family Law
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9/15/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,001
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Unfortunately that is correct;

the state had adopted child support guidelines and the court will determine the amount of support based on such guidelines.

Since child support is a right afforded to the child, the parents are not in a position to waive their obligation. However, the court is allowed to "deviate" from the guidelines if circumstances warrant; as such, if the stipend is sufficient to meet the child's needs, the court may take that into consideration and award a nominal amount. They will not waive it because child support is modifiable and should circumstances change they need jurisdiction to modify support.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

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