Q: In divorce, he agrees to pay car pmt until its paid in full, then 125 a wk til child is 18, as support. Can we do that?
We have been separated since 9/27 and decided 12/12 that we're going to divorce. We are staying friends through this process. He said he would give me 125 a week in child support but i told him I'd rather he make the jeep pmt because i cant afford it by myself and if i have to let it get repoed its gonna hurt both our credit. Its my only means of transportation for myself and our child. Will a judge honor this agreement?
A: I would always advise to have an Attorney help prepare your agreement to make sure the Court will accept the terms. Child support is calculated pursuant to Kentucky Child Support Guidelines using the parents' income and other information. If the amount that you agree on for support is more or less than the guideline amount you may have to justify that departure to the Court. If you share equal time with the child and your incomes are similar you may be able to agree that he pay the Jeep payment every month in your divorce agreement.
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A: Yes you can waive child support in a divorce agreement. However, this would be questionable if child is on public assistance.
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