Legally agree to less child support?

[Tracy123]

Firstly, you guys are awsome. Now the question, can I agree to less child support in mediation? I really only want section 7 split. I'm capable of caring for the children without his help. Just thought it'd be something to offer to get this crap done.

Thoughts?

[caring grandma]

mediation is just that. parents can negotiate a fair child support even if it does not meet the guidelines. my sons ex chooses not to negotiate and she wants what the guidelines say even though my son presented his budget showing he cannot handle it. yet my son;s g/f and her ex choose not to involve family maitenance or the court system. he pays his support and when he is laid off he does not pay but he makes it up when he returns to work. that is what ADULTS do!!! unfortunately spite,revenge and selfishness sometimes take precedence. COMMON SENSE seems to leave when a separation happens. it is so sad for the children.

[Tayken]

Originally Posted by Tracy123

Firstly, you guys are awsome. Now the question, can I agree to less child support in mediation? I really only want section 7 split. I'm capable of caring for the children without his help. Just thought it'd be something to offer to get this crap done.

Thoughts?

Generally, the mediator and the court will not allow you to forgo your children's rights. Remember, CHILD SUPPORT, is the right of the child and not the receiving parent.

You can forgo child support but, it is a complex clause but, the mediator should know how to do it. But, it will be even harder with s.7 expenses involved in the mix.

Even if you forgo child custody at any time you can go back to the court and request it and ask for back child support.

The better way to do it if you really don't want it... Is to have it paid to you and give it right back to the paying parent or agree to put it into a trust fund for the children.

In mediation one of the interesting things I have seen come out of it was both parents paying full table amount into a joint account and it being invested into the children's education and for paying all their expenses. You can get creative with child support but, it is very hard to forgo the obligation that both parents have to support their children.

Good Luck!
Tayken

[Berner_Faith]

I agree with Tayken... this CS is the right of the child, and while you may not need it now...what happens down the road if something happens to your career and you are no longer able to support your children? Will it be a hassle then to get support?

Like Tayken said... set up an account for your kids... put the CS in there and either keep it for their education, or use it to pay the Section 7 expenses... this seems fair, unless the Section 7 expenses are going to be well above what his CS obligations would be.

[Epona]

"...can I agree to less child support in mediation?"
You and your ex can agree to anything during mediation, but foregoing child support, probably isn't very wise. It's for your child(ren), not you. It's something your child(ren) is/are entitled to, and it's not really your position to deny that from your child(ren). If you and your ex ever end up in court, the court may want to know why you waived that. That's why both parties are supposed to have independent legal advice during mediation.
"I really only want section 7 split. I'm capable of caring for the children without his help." IF only we could all anticipate the future. Perhaps right now you can. But in a year or two ahead, who knows?
Find something else to negotiate to help speed up the process.

[mcdreamy]

You could also agree to the CS in accordance with the tables, split the Sec 7 proportionately, and just never collect on the Sec 7. I don't ask for or collect the majority of our Sec 7 expenses, I just pay them myself from the CS.

[billiechic]

Originally Posted by mcdreamy

You could also agree to the CS in accordance with the tables, split the Sec 7 proportionately, and just never collect on the Sec 7. I don't ask for or collect the majority of our Sec 7 expenses, I just pay them myself from the CS.

Good Job mcdreamy!

In most cases, CS should be covering the extracurriculars anyway. Too many people forget this and want extra money for every little thing they pay for. For most families, daycare and sports like Hockey (which require a LOT of equipment and tournament fees) are the only things that really should qualify. Things like School trips, karate class or pizza day are things that all parents know they will be responsible for, and should be covered by CS.

If everyone would stick with this idea there would be a lot less conflict!

[Tracy123]

Thanks everyone! I think the trust account is the best idea, or post secondary school fund. Really appreciate the help.