LovingFather
Bronze
Reged: 04/08/08
Posts: 27
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The original motivation in making it 100% spousal maintenance was to maximize deductibility on my taxes. I realize that $450 is really nothing in relation to taxes, so that point no longer flies. I originally was conceiving a CS of over $1000/month. I need to go back to the state CS worksheet and confirm my attorney's estimate.
At the moment, my (slight) motivation is to not upset the current peace, which is fragile due to my XW's highly emotional nature. She has said she's agreeing not to pursue trial partly because waiving CS also keeps her income from being considered for the 3 year SM period, allowing her to earn money without it included in CS calcs.
My main idea overall is that I want to avoid the litigation costs, yet I want to provide reasonable support for XW (and my kids, when they are with her) to have a decent home and all the necessities while being able to provide the same for me and my kids during my time with them. We have a house that is partially remodeled and cannot be liquidated. I'm upside down on the mortgage, actually, too.
XW had been demanding outrageous figures, but finally got it through her selfish, thick skull that (a) I'm an equal parent, not just a paycheck, and (b) if she went to court, we'd incur tons of cost and she'd receive less than what I've offered. XW wouldn't have received the SM she was demanding, but she could later tack on childcare and other costs sufficient to make my "win" in court a Pyhrric victory.
Basically, we both have a bit of a gun to each other's heads. If she pulls the switcheroo on me and goes for CS, I can subpoena her finances to show that she's making money she hasn't been reporting. This won't eliminate my additional CS burden, but it will reduce it from $450/month and will create a data point that she is willing to lie.
Not hard and fast protection, but I think it's enough to keep her in line for the next 3 years.
As she has pointed out and my lawyer has concurred, the alternative is to do everything by the book, and XW will get a job and get childcare and get an order for me to pay waaaaay more than $450 to help her cover childcare costs.
I'm willing to take that gamble in the absence of a clearer way out that still feeds and shelters my kids.
Wish me luck.
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gigi
Platinum
Reged: 11/06/06
Posts: 4839
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Just 3 years? I'm not getting it. If the kids are old enough that there's only 3 years left to this, then daycare is not an issue unless they have huge special needs.
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LovingFather
Bronze
Reged: 04/08/08
Posts: 27
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Three years is the SM period. SM will end after that, and normal CS guidelines will be used after.
The youngest is 2, so I will be paying the XW for far more than 3 years. The first 3 years will be handled as just SM. Then SM will end. Then we'll get CS in place.
Why be normal, right?
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LovingFather
Bronze
Reged: 04/08/08
Posts: 27
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OK...lawyer finally told me the key piece of info that she knew and assumed I knew, but I didn't:
Apparently in Arizona, a court, by law, cannot order arrearages if an existing order is in place and was being fulfilled. The court can only order a CS amount back to the date the petition to modify is filed.
Our decree will state that XW agrees that no arrearages are owed at the date the divorce becomes final, so no back payments hanging around there.
Our decree will state that the judge grants a variance from the guidelines, putting CS at zero.
Our property settlement agreement states that in the event of a CS order during the SM period, I can unilaterally reduce SM in the amount of the CS, and the burden is on XW to prove that I reduced it inappropriately.
So...
even if she waits until after the SM period is over to modify CS, she can't get it modified for any date BEFORE the petition to modify.
So I should have all the scenarios covered against her machinations.
And if some judge or flunky clerk tries to say I haven't provided support to my children, I have our current judge's sign off in the decree and the property settlement that Yes, Virginia, he is allowed to pay no CS, because the approved agreement is In The Best Interest Of The Children...a valid CS order of ZERO.
OK, folks...have at ripping it apart...do your worst.
Truly...I'm very glad for your playing Devil's Advocate. The last thing I want is to suddenly have a bill for $450 * 36 months on my hands.
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gigi
Platinum
Reged: 11/06/06
Posts: 4839
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Better to get CS in place now. Im nto kidding. You don't want the ex thinking that withholding the kids from you will result in her being allowed to have more child support. As it is, with her total support amount necessarily going down in three years, it's going to be tough enough on her, but if you give her etra incentive to be truly evil to you at that time, another chance to go to court, then it's not going to be good for you or the kids. Every opportunity for renewing litigation is not good.
JUST make the figures and get a child support scoresheet put together, it's not too hard to figure out. TRULY.
Besides, you don't wnat ot find yourself in front of one of those judges who refuses to accept a settlement where child support is not in the picture... and your state mayb e one of those were child divorces arent' even allowed to go through if a worksheet is not present. You really don't want ot show up in court with an agreement all ready to go and have the judge tell you to go back to the drawing board.
PLEASE just do it the right way, you will kick yourself in 3 years if you find a way to get the courts to agree to this unusual situation, the problems with it will become clear in 3 years!
You're in Arizona, right? I'll see if I can find the law I'm thinking of, it AZ has one.
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gigi
Platinum
Reged: 11/06/06
Posts: 4839
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OK, here are the rules in Arizona. Ignore section B. HOwever, the rest is really important. Secton A says every parent has the duty to support the kids. Section C says that the guidelines are what is used to decide how much. You can walk into court saying that your spousal maintenance award exceeds the guidelines, but you're actually going to have to explain to the judge how this is better for her not to have an award of child support.
And of course as the forum has talked about before, if you are not providing "child support", you don't get to take the exemptions for th ekids.
PLEASE just do the paperwokr the way it's supposed to be. Work it through, show her how th ebottom line amount is still the same, and present BOTH a spousal maintenancce agreement AND a child support agreement to the judges. PLEASE.
If your lawyer is saying your current plan is a good one, it's just because they want your repeate business 3 years from now when it's time to start child support, or earlier when she claims that the initial order of divorce was not valid because it did not include child support.
I know you're trying to keep the peace and not rock the boat, but there's no better way to set yourself up for problems than to do it the NON-standard way. There are reasons that the standards are there and this is one of them!
Here's the law, cut & pasted from Arizona Statutes:
§ 25-501. Duties of support; exemption
A. Except as provided in subsection F of this section, every person has the duty to provide all reasonable support for that person's natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state. In the case of mentally or physically disabled children, if the court, after considering the factors set forth in § 25-320, subsection D, deems it appropriate, the court may order support to continue past the age of majority. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to § 25-320, subsection E.
B. A child who is born as the result of artificial insemination is entitled to support from the mother as prescribed by this section and the mother's spouse if the spouse either is the biological father of the child or agreed in writing to the insemination before or after the insemination occurred.
C. The child support guidelines shall be used in determining the ability to pay child support and the amount of payments. The obligation to pay child support is primary and other financial obligations are secondary.
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LovingFather
Bronze
Reged: 04/08/08
Posts: 27
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Worksheet: Done and attached. It's referenced in the proposed property settlement and the decree.
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gigi
Platinum
Reged: 11/06/06
Posts: 4839
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Please reference it also in the custody agreement and explain the arrangement there, too.
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LovingFather
Bronze
Reged: 04/08/08
Posts: 27
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Thank you, Gigi. I'll look into this.
Truly...I appreciate your advocacy.
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