Question

47omek · 2021-11-04T13:57:33+00:00

Don't give anything away in exchange for reduced child support. The mother can always just go to the state CS office and get guideline CS ordered at any time regardless of any prior agreement. This is a very common mistake men make.

flapjackdavis · 2021-11-04T11:47:23+00:00

It’s all got to be in the decree, man. Including about what everyone’s proportional share is for medical expenses. Don’t sign until you talk to a lawyer.

dday_throwaway3 · 2021-11-04T14:03:51+00:00

> The idea was to keep the child support little less in return for that property.

If you are living in the US, that's a trap. You cannot negotiate CS away. At any time after your final agreement, either party can petition the court to enforce state guidelines. The court will always enforce state guidelines for CS, as they are financially incentivized by the federal government.

AirSailer · 2021-11-04T12:16:11+00:00

If you didn't sign it then put it in there.

As for the insurance, there should be stipulations in the decree for the actual medical expenses.

Do you have a lawyer?

Throwaway4120213 · 2021-11-04T21:57:05+00:00

Do not sign without a lawyer. As others have said - not smart to trade something in exchange for giving up child support because she can get it Court ordered later. She can cite a change of circumstance and have child support reinstated. On top of that - you will have zero documentation anywhere that such a “swap” happened. You are setting yourself up to be screwed.

Medical expenses absolutely has to be in the decree - what types and who pays. If you carry the insurance - you get a credit for child support. Then any out of pocket expense is split 50-50 or by income.

Sounds like you need to get a lawyer. Your divorce decree is riddled with holes that is going to get you screwed in the future.

throwTHISaway0885 · 2021-11-04T22:47:38+00:00

Based on what I know - property outside US is not included in the valuation for US divorce. What you do or not do with that property does not matter. You should take back that 300k property offer. It makes no sense to a US divorce. But check and modify the Financial Statement that you attached with your original filing.

Child Support - as others have mentioned - is a calculator. Based on the state / County maybe. You owe based on your standard of living, based on the Financial statement you filed in court, based on both of yours current income and based on agreements between both of you etc. Things like Child Support, Alimony etc., are always arguable back into court in the future by either of you. As such generally there is no tradeoff of CS against something else.

Medical Insurance is separate from Medical Expenses.

Medical Insurance - One of you have to agree to carry the Medical Insurance for the Child - either employer provided Medical coverage or open market insurance etc. It should be mentioned who is carrying the Medical Insurance for the Child and for how many years. And generally it is mentioned what happens if the carrying party retires or does not have medical insurance anymore, who will take the Medical Insurance.

Medical Expenses - are to be specified as to who will expend and when. Example in my case we said "even" years medical expenses will be mine, "odd years will be theirs. In one of my friends decree it mentions that "all co-pay" will be borne by them and their x will "take care of incidentals". It could be many scenarios and needs to be specified in the settlement document. Also if the child has any pre-existing conditions, it becomes a different wording.

There are all legal wordings about that goes into any settlement document - child support, alimony, medical insurance, expenses, medical expenses, parenting time, holiday time, division of assets, vaccination, emergency care, communication, taxes etc. etc. If you are not using an Attorney, it is better to get a template from someone who has it and include all standard clauses. Omitting anything can bite you later.

Regarding - whether you f**ed up. It is never too late to review and modify. Rather than live with uncertainty.

If you need a template, I could send you from my decree. Need you to PM me your email.

Good Luck.

email68 · 2021-11-05T05:17:17+00:00

State always maintains jurisdiction of child support. Not a bargaining chip.

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Title	Question
Author	bladefish1
Upvotes	2
Comments	9
Date	November 4, 2021 11:26 AM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/qmigyw/question/
Archive Link	https://theredarchive.com/r/Divorce_Men/question.1080069 https://theredarchive.com/post/1080069

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