we are in a custody battle in which he knows I'm going to win. My kids are extremely unhappy with living with him until our trial date June1st (judge wants them to finish out the school year 1st) He stated to me today that if I draw out an order making him only pay $300.00 monthly in child support and stating that I can not ask for an increase for atleast 2 years, he will be willing to hand the kids over right away and sign the papers giving me full custody. My question is..........if I agree to this now and say 3 months from now I can't afford it will I be able to ask for an increase? We live in Arkansas, his net income is atleast $1850 a month, he does have 1 other child with someone else. My children cry everyday to come home and I want to agree to get them out of his home, but not sure if I can afford to with such little support. Any advise?
2007-03-20 16:42:39 · 8 answers · asked by jennifer l 1 in Family & Relationships ➔ Marriage & Divorce
I'm a paralegal. My advice is for you to contact a local attorney that offers a free consultation and ask him/her. Divorce and custody remedies, like support and visitation guidelines differ from state to state. The answer my attorney may give you may be different from one locally. Do yourself a favor - these are your kids, go see a local attorney for advice.
2007-03-20 17:04:17 · answer #1 · answered by Gatekeeper 4 · 0⤊ 0⤋
A judge is going to have to approve it and in this case it clearly looks like blackmail. In addition, most states do not allow parents to negotiate the child support amount and take less than the statutory standard - because the money is for the kids. On the other hand the court might be glad you all solved your own problems. You need to contact legal aid or the local bar association and meet with a low cost lawyer for an hour to get some relevant advice from someone who knows your judges.
Good luck.
2007-03-20 17:18:51 · answer #2 · answered by CV 3 · 0⤊ 0⤋
My answer would be no if these papers are signed by you and are notorized by a lawyer or a judge verifing your agreement to these terms then you have no chance of getting a increase until the end of the initial 2yrs. If I were you since 300.00 is no where near the amount needed per month to raise 3 kids I would counter offer his offer with 600.00 minimum making it an even 200.00 per month per child. If anything this is cheap he is doing this because he knows if it gets to court he will be asked to pay close to a grand a month. Do not sign anything until you go over it with a lawyer read the fine print and only agree to a one year term as children age there expenses increase.
God Bless and Good Luck.
2007-03-20 16:55:06 · answer #3 · answered by Livinrawguy 7 · 0⤊ 0⤋
Most documents like that are not recognized by the courts, unless it is writen on a court form and entered into the courts as a final order. As well, his support order may not be that much more then $300 a month.
Most judges will not move a child unless it is VERY necessary. So, there is all the likelyhood that the judge will keep the children with your ex-husband.
If you are truely concerned for your children and want them with you, take the offer.
2007-03-20 17:13:28 · answer #4 · answered by usmcbrat0 2 · 0⤊ 0⤋
Let me tell you this much, if you agree to $300 a month, which is no doubt way below the minimum; the Judge has to approve it; I did that myself to avoid a fight (nice guys, worried more about the money...grrrr) but I had to talk to the Judge before he would approve less. If you agree to it, he is going to make you agree to the two year thing now, if nothing changes in your situation I'm thinking you won't be able to go for more. Let the courts decide since you will win custoday anyway; then you don't have to agree to anything and you will get the child support you need. don't agree to anything (try to get sole custody if you can - with him having visitation of course)
2007-03-20 16:52:26 · answer #5 · answered by abc 7 · 0⤊ 0⤋
well, in this situation i would think of the kids, even though it is very little
perhaps you can up the ante on that bid and tell him that you will accept but for 600 a month or the original 300 for only 1 year, do a little negotiating, if he doesn't bite then tell him that starting june 1st you will take 300 per kid
he is making this generous (sarcasm) offer because he knows that he will actually be paying alot more once you get the kids with you, so up the ante
2007-03-20 16:51:59 · answer #6 · answered by zether 6 · 0⤊ 1⤋
do your math carefully.
The one suffer most will be the kids.
Speak to your close friends, lawyer, find the best for them, and you.
2007-03-20 16:57:26 · answer #7 · answered by ricodzeus 3 · 0⤊ 0⤋
well maybe you should go to the legal section in answers
2007-03-20 16:45:59 · answer #8 · answered by Anonymous · 0⤊ 1⤋