Q: How should we structure the agreement to ensure the child support is legally valid?
My spouse and I are currently separated, and we are in the process of filing for divorce in Kentucky. We have a child custody order from a Virginia court, but we do not want to include child support in the Kentucky divorce filing. Both of us is currently looking for jobs but not working , and we would like to agree to deviate from the Kentucky Child Support Guidelines. How should we structure the agreement to ensure it is legally valid? What language should we use to properly state that we have consulted the guidelines and mutually agree to deviate from them? Additionally, will the court accept our agreement without requiring a minimum child support amount, given our current employment status?”
A: You would use language confirming that both of you have made full disclosure of all income and asset and that you have consulted the Kentucky Child Support Guidelines. You would also say that based on the agreement of the parties, neither party shall pay child support at this time and that the deviation from the guidelines is warranted by the facts of your case.
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