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Non standard CS; will judge approve divorce

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  • Non standard CS; will judge approve divorce

    My stbx has been kind enough to give me a small concession in our Sep Agreement with respect to CS.

    As I understand it, when we later file for official "divorce" the judge reviews CS arrangment as an advocate for the child. If its the normal "tables" then fine but a variation in CS "could" result in judge denying divorce.

    Without getting into intricate details, my ex will be getting a generous amount of CS albeit not the "full" amount plus we have 50/50 custody. The idea is that I will have an incentive to work harder to get extra income and at the end of the day its to everyone's best interest that my income continues to come in.

    Given that my ex and I agree, how likely is it the judge will refuse the divorce ? Do judges tend to be "full tables or else ?" OR will they use "common sense". I don't mean to sound sarcastic, but from what I've read and heard about in Family Law, common sense and Family law tend to be mutually exclusive lol.

  • #2
    You have 50-50 shared custody? You shouldn't be paying full table, you should be paying OFFSET table.

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    • #3
      Even straight offset is mathematically invalid. However as I stated in a separate post, if there is not a large spread in income levels then you are just taking about a few dollars which is not worth arguing over.

      Back to your original question, if you are talking about an uncontested divorce, and you are jointly applying, it is just a formality for the judge to send it through. If you both agree, why would a judge want to interupt that?

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      • #4
        My understanding is that the judge reviews the "final" divorce from the point of view of the children. To give an extreme example, if the couple agreed (for whatever reason) to something ridiculous like no SS or no CS and mom not working so kids live in poverty. Obviously an unlikely example BUT that's the idea, that the judge can deny a divorce if the agreement is clearly hurting the kids, even if both parents agree.

        Now, in my case, there is VERY generous (much too generous in my opinion lol) SS and CS but the CS is "not quite" full bore tables but having said that the CS she'll be getting is likely better than 95% of mom's. However, we have 50/50 custody (one reason for exception), I make over $150K (another exception) and we both agree (another point). My question is do judges insist on exact tables or do they use "common sense". You would hope the later but from what I've read doesn't sound like a given.

        I would be interested in how folks who have divorced without "exact" table CS had any problems getting final divorce approved.

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        • #5
          Originally posted by ijwitbf View Post
          Even straight offset is mathematically invalid. However as I stated in a separate post, if there is not a large spread in income levels then you are just taking about a few dollars which is not worth arguing over.

          Back to your original question, if you are talking about an uncontested divorce, and you are jointly applying, it is just a formality for the judge to send it through. If you both agree, why would a judge want to interupt that?
          1. If both parties agree and there has been legal representation on both sides it will go untouched. It would be considered an "informed" agreement where both parties sought legal advice.

          2. If one party has a lawyer and the other doesn't... It is not going to work and not going to stand up in court.

          3. If neither party has a lawyer then I am not sure what would happen.

          Good Luck!
          Tayken

          PS: Some parents / parties attempt to get the other parent / party to agree to use a single lawyer. Some times their "friend". Please never do this. Anyone!

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          • #6
            Thanks Tayken ! Yes, we both have separate lawyers.

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            • #7
              Because you have 50/50 custody there is no 'exact' table amount. Most judges use the offset method but it is not law. The judge can also take into consideration (in 50/50 cases), the quality of life at each of the parent's residence in these cases and increase/decrease the amounts accordingly.

              To answer your question - in 50/50 situations it is not black and white.

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              • #8
                In my case. The ex didn't show up. The judge needed to be satisfied the CS was the correct amount. I gave him my ex's T4 and he found out that he was not paying the correct table amount. He increased the amount to the table amount and granted me an uncontested divorce.Winning!!

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