Author Topic: Going to court soon and nervous  (Read 1063 times)

chewie19741

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Going to court soon and nervous
« on: August 10, 2017, 11:50:40 PM »
My soon to be ex and I are nervous about the courts ruining our lives. My ex and I have 3 kids ages 11,10 and 4. We both work already fulltime and both go to school fulltime online. We have agreed on joint residential custody and even though she is making more than me I did not request any alimony. She is not requesting child support but we heard that the court will force that anyway on me. I only make 9.33 hr and just enough to pay my bills basically. Adding child support would mean I have three options. 1.Stop seeing my kids and pay it since working another 40 hrs would cut into my 12 days I get them each month. 2. I could pay it and just live out of my car instead of rent but then I cant provide a place for kids to stay. 3. I could just go to jail I guess.

Then my ex gets screwed because she needs me to watch kids while she is in nursing school. The judge I hope will understand both our college is important to our kids futures and not mess up our schedules by forcing child support.

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Re: Going to court soon and nervous
« Reply #1 on: August 19, 2017, 04:42:28 PM »
If the parents agree to terms, traditionally that would be ordered by the court.  So, if you agree no child support would be paid and no alimony would be paid, the court would approve that because the parents are the best people to know what's in the childrens' best interest.  However, in recent times, some judges refuse to sign such an order because legislation has been passed that the court must follow the child support guidelines.


So, what attorneys have done in the past is write in an amount on the "overall financial condition" line that offsets 100% of the ordered child support.  Basically is allows the judge to still use the guidelines, but at the same time consider the financial conditions of both parties and make a $0 child support order.


I would highly suggest you contact Brian Mull with the Kansas Child Support Guidelines Advisory Committee to learn more about how this might work.  You should also start doing your own research on appellate cases (kscourts.org) to see how such cases are handled in appeals.  This is important to you because when you go to court and tell the judge the appelate court has already ruled this way, he knows exactly how he needs to order.