Q: What if its an amicable divorce and we both want 50/50 custody and we both don't want child support involved.
Can we just not have either spouse pay child support?
A: This kind of amicable resolution is nice but it must be sanctioned by the Court. The Court will look at the agreement and determine if it's consistent with the support which the child would have received had child support been ordered. If the Court approves such an agreement it will look very carefully at all factors, such as past support by both parents in maintaining the child and the likelihood that it will continue. The slightest worry and the Court's safest bet will be to simply order dad to pay CS and will require both parties to submit income information to verify it. Of course the court will be suspicious that this amicability is only due to father's desire NOT to have to pay CS.
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