A material change - no CS

[HardWorkingDad]

My ex wants to put into our agreement that when we go 50-50, that unless there is a material change, there will never be any CS payable by her. She earns more than me.
Is this enforceable? I thought that paying CS was the law and that a material change couldn't be the variable it depended on?

 

[Berner_Faith]

It is the law and neither parent is able to sign away CS... so if this is a way to get an agreement signed and that’s the only way they will sign... well sign it with that clause and when it comes time for 50-50 you can file for CS... I hope she doesn’t have a lawyer advising her on that clause


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[HardWorkingDad]

I I hope she doesn’t have a lawyer advising her on that clause
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This was from her lawyer as our agreement finalizing is now between our lawyers.

 

[Janus]

I agree with Berner. Sign the agreement anyway, then ask for CS once it is signed.

 

[iona6656]

I agree with Berner. Sign the agreement anyway, then ask for CS once it is signed.

I thought they were only 12k apart. If that's the case. Wouldn't it be stupid to try for offset?

 

[Mom2414]

You can’t signs away but you don’t have to take CS either. My ex loves our children as much as I do, we have always since day 1 shared 50/50 and he makes significantly more than I do, but I bust my butt to give my children the modest life that I can afford - the life that is within my means. I rent, he owns; we camp, they go to all inclusive; we order pizza, they got to The Keg. I don’t feel entitled to his pay check or to the life that he’s built. I am proud of the modest life I’m building and the fact that I’m doing it on my own. In return we co parent with little to no conflict and the generosity, kindness and reciprocal gratitude can not be bought or sold with a CS payment.


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[LovingDad1234]

A judge would not endorse a Court Order that states CS is waived. My ex tried to pull the same thing. Saying that she would cancel CS in exchange for me not pursuing 50/50. I laughed. My lawyer laughed, and then charged me for the joke.

Looks like Dad will get $100 per month in the offset. Consider it entertainment budget.

 

[Gilligan]

Hundred percent agree... feel OK signing it since it's a non-enforceable clause and you can literally go file a motion on the same day and be awarded offset CS and nobody will look twice.

It seems wrong that the system works this way, but it is what it is.