Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?
Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the kids on my own. We agree on a split of assets and property. Can she waive alimony? I am not seeking any child support.
A: Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will request child support even if a parent does not (if for example the children need Medicaid or other state sponsored programs in the future). Generally to deviate to no support you will need to give a reason to the Court for the deviation. Your best bet is to have an attorney at least review the documents to make sure they accomplish what you have agreed upon. Best wishes!
A: Once waived in the divorce decree, a party can't later seek alimony. Child support can be modified from $0 even the party later needs support and there has been a material change in circumstances. Even in uncontested divorces, you will generally benefit from at least having an attorney draft the paperwork for you. Many attorneys will do so for a flat fee in uncontested cases.
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