Will a Judge likely sign off on this?

[Astrolink]

What is the name of your state (only U.S. law)? MN

I currently have shared physical and legal custody, but am named as the non-custodial parent. I pay child support per guideline.

My ex and her new husband make a substancial income, where the kids and stepkids qualify for no financial aid, not even student loans. My ex makes around twice what I do.

My ex and I plan to change the decree where I am the custodial parent, as my income is much lower, and the kids would qualify for grants. Timewise, over the last 10 years, I've had the kids from 40-55%, so I have really been as much the custodial parent as my ex, with our shared parenting agreement.

I plan to continue to pay CS as I have, with no changes really. The purpose is simply to use my household income for student aid.

The question is, will a judge sign off on the agreement, with me continuing to pay 30% of my income in support as the new custodial parent, when my ex makes twice my income?

 

[Just Blue]

I really doubt that a Judge would endorse fraud.

 

[Astrolink]

I'm not really sure what you mean by fraud. Either myself or my ex could be named as the custodial parent by definition. There isn't a primary residence. The children spend pretty much equal time in each of our homes. We share all the parental responsibilities, including dr's appts., transporting, homework, etc.

 

[ProSeDadinMD]

I'm not really sure what you mean by fraud. Either myself or my ex could be named as the custodial parent by definition.

And when you are made the custodial parent, your ex will then be on the hook for CS. I'd bet that she will change her mind on the switch fairly quickly.

 

[Astrolink]

I'm not going to pursue support, nor change the child support order. I'm going to continue to pay as I have. That part will be done on my handshake. My ex will have no problem with that; she know's my word is as good as gold.

My only question is if a judge will sign off on it. Will they force me to change the support part of the decree at the same time, which I want to leave alone.

 

[Astrolink]

Anyone else have an opinion on this? Or, it is so uncommon that my ex and I will just have to try it, and hope for the best?

 

[CourtClerk]

If custody changes, then the non custodial parent is on the hook for support. Period.

Further, I will agree that given the reasons FOR the change in custody, no judge is going to endorse you attempting to defraud the government and/or private student loan servicing companies. Your situation is not as unusual as you may want to think it is. There are plenty of dishonest people who try and scheme their way through life and the family courts. It's how I make my living.

 

[SIN EATER]

Most Family Law Judges will sign off on agreements - they rarely examine them very closely.

As either of you could be the 'custodial' or 'non-custodial' parent, I don't see fraud (in a legal sense).

You both appear to be thinking of your children and have an amicable relationship and shared your children successfully - good for you.

 

[CourtClerk]

Most Family Law Judges will sign off on agreements - they rarely examine them very closely.

Really???? You have obviously not met any judge I've ever clerked for in the family court.

As either of you could be the 'custodial' or 'non-custodial' parent, I don't see fraud (in a legal sense).

You both appear to be thinking of your children and have an amicable relationship and shared your children successfully - good for you.

Ok, with this response, I just have to ask. How much legal experience do you have? Where do you get your legal knowledge?

 

[Astrolink]

I don't know if this makes a difference, but I carefully looked over my divorce decree. It doesn't state who the primary parent is, but instead it lists parental percentages (the amount of time with each parent by percentage), with it written slightly in my ex's favor. My ex and I don't plan to write a custody change, but only to change those percentages, so they are written in my favor. Of course, as the decree did before, this would end up indirectly making me the custodial parent. Does this make a difference, or make it anymore possible to accomplish the goal (that is, having a judge sign off on it)?

It's clear that some are viewing this as unethical manipulation, but my focus is solely on the benefit to the children.

 

[SIN EATER]

Astrolink,
Your best info and guidance is through an atty in MN.
A half-hour's consultation shouldn't be very expensive (see if your ex will pay).

Court Clerk from California: Other than LA, CA's law varies most from other states.
Stick to CA.

Astro, let us know what the MN attorney said.
Good luck.

 

[Ohiogal]

I don't know if this makes a difference, but I carefully looked over my divorce decree. It doesn't state who the primary parent is, but instead it lists parental percentages (the amount of time with each parent by percentage), with it written slightly in my ex's favor. My ex and I don't plan to write a custody change, but only to change those percentages, so they are written in my favor. Of course, as the decree did before, this would end up indirectly making me the custodial parent. Does this make a difference, or make it anymore possible to accomplish the goal (that is, having a judge sign off on it)?

It's clear that some are viewing this as unethical manipulation, but my focus is solely on the benefit to the children.

So are you remarried?

 

[Ohiogal]

Astrolink,
Your best info and guidance is through an atty in MN.
A half-hour's consultation shouldn't be very expensive (see if your ex will pay).

Court Clerk from California: Other than LA, CA's law varies most from other states.
Stick to CA.

Astro, let us know what the MN attorney said.
Good luck.

Actually you are wrong. What they are trying to do is NOT based on state law but on Federal Law. Try again.

 

[Ohiogal]

From AIE | Who Is the Parent?

Parents Are Separated or Divorced
In families where the student's parents are divorced, it is often difficult to determine which parent's financial information is required on the FAFSA. In general, the student should provide the information of the parent with whom the student lived for the last 12 months prior to completing the application, or most of the last 12 months. If this parent is remarried, the stepparent's income and asset information must also be provided on the FAFSA.

If the student did not spend the majority of the last 12 months with either parent, or lived with each parent an equal number of days, the student should provide information for the parent who provided the most support for the student during those 12 months.

If the student did not receive support from either parent, or if each parent provided an equal amount of support during the prior 12 months, the information of the parent who provided the greater amount of support during the most recent calendar year in which the student was actually supported by a parent should be provided.

Student has Stepparent
The financial information of the student's stepparent must also be reported in most instances. The determining factor is whether the parent and stepparent are married at the time the FAFSA is completed. If the applicant's parents are divorced and the responsible (or custodial) parent has remarried, or the mother/father is widowed and remarries, the parent's and stepparent's income must be reported.

The stepparent's income must be reported even if the parent and stepparent were not married during the year from which the information is drawn (i.e., the base year). For example, if a student's custodial parent remarried in March 2003, and the student completes the 2004-2005 FAFSA in May 2003, the stepparent's 2002 information must be included on the FAFSA, along with the custodial parent's 2003 information, even though they were not married for the entire 2003 base year.

And how old are the children? Also, if the child (or parent) lies on the FAFSA in order to secure more aid, that is a crime.

 

[Astrolink]

I'm not remarried. I have the kids exactly 1/2 the time. The decree is written so my ex has more time, but it settled into this arrangement around 10 years ago, and has stayed the same. The kids are 15 and 16, but they started school when they were 6, so they are in 9th and 10th grade. If it were possible to change the decree, my ex and I would do it in 2009, just for the reasons you stated. Do I provide over 50% of their support? I don't know how that is measured. Logically, since I have them 50%, and pay guideline child support, it seems I provide more than 50%. But, if you looked at what is needed to support them on the other end, in terms of house payments, car payments, and stuff like that, there is much more money going out there, as they have a newer home and new cars with payments. I don't have any payments, as my home and cars are paid off. Of course, those are personal choices. As for clothes, food, and other direct expenses, they would be about the same.