agreeing to not get child support

[EEck]

OHIO

My ex and I are trying to agree to child support modifications
on our own and have come to some agreements one being I
stop receiving payments from him in exchange for other things
that I want because the money is not an issue with me because I
make better money than him and he could actually use it himself...I am wondering though if he fails to come through on some of the things he is suppose to do if I can reapply at some later date to start getting support again...I am going to my attorney tomorrow and we will file this through the court to make it legal and all..is there a possibility the judge will not allow this to take place could he force child support even if we agree to no
support order?
Thank you for your answers in advance

 

[I AM ALWAYS LIABLE]

OHIO

My ex and I are trying to agree to child support modifications
on our own and have come to some agreements one being I
stop receiving payments from him in exchange for other things
that I want because the money is not an issue with me because I
make better money than him and he could actually use it himself...I am wondering though if he fails to come through on some of the things he is suppose to do if I can reapply at some later date to start getting support again...I am going to my attorney tomorrow and we will file this through the court to make it legal and all..is there a possibility the judge will not allow this to take place could he force child support even if we agree to no
support order?
Thank you for your answers in advance

My response:

I think you already know the answer to your question because you eluded to your "fear" when you wrote, "is there a possibility the judge will not allow this to take place?"

If child support works the same, basic, way in Ohio as it does in California, then you won't be able to accomplish your goal through the court. Child support is one of those obligations that the law and the courts will not allow to be traded or bartered as part of any negotiation.

But, all because the law and the courts won't allow such a negotiation, doesn't mean that you can't accomplish your intended goal. Remember, while the judge will order child support to be paid by your ex-husband, once that money reaches your hands, it belongs to you and you can do with it as you please; e.g., if you want to write your ex-husband your own check for the amount and refund the money to him each month, that's your business. All the court cares about, and wants to know, is that money has come out of his account and has gone into your account.

IAAL

 

[FKNA]

Re: Re: agreeing to not get child support

My response:

I think you already know the answer to your question because you eluded to your "fear" when you wrote, "is there a possibility the judge will not allow this to take place?"

If child support works the same, basic, way in Ohio as it does in California, then you won't be able to accomplish your goal through the court. Child support is one of those obligations that the law and the courts will not allow to be traded or bartered as part of any negotiation.

But, all because the law and the courts won't allow such a negotiation, doesn't mean that you can't accomplish your intended goal. Remember, while the judge will order child support to be paid by your ex-husband, once that money reaches your hands, it belongs to you and you can do with it as you please; e.g., if you want to write your ex-husband your own check for the amount and refund the money to him each month, that's your business. All the court cares about, and wants to know, is that money has come out of his account and has gone into your account.

IAAL

IAAL, I thought you practiced law in California? If that's the case, I would assume that you would know that the courts WOULD allow such an arrangment.

EEck...Since IAAL refered to the California child support laws, let me clear something up for you. In the state of California, the courts CAN allow such an agreement that you have suggested. However, because of the child support laws in that state they would add a stipulation to it as well. The jest of it all is you wouldn't be able to collect welfare unless you are receiving child support. i.e. that stipulation would order that dad starts paying child support payments again before you can collect welfare payments. So you should be able to get you decree modified with these new arrangments. Just keep in mind, Ohio may add their own stipulations to it.