Question about child support in divorce?

Never do anything under the table. You need to have it in a court order. What she should do is go to her local social services department and fill out a petition to establish child support. The key is to have it in a court order so it can be enforced. Usually something along the lines of rent payments are taken care of in their divorce decree and has nothing to do with child support. Make sure it is specified in court and in the court order.

I can only answer based on my own experience in California. Obviously it may differ from State to State. I was divorced 10 yrs. ago and we did not use lawyers. We had a "marriage settlement agreement" drawn up by a paralegal with all of the items that we agreed upon. This paperwork was processed through the court and I was able to have his wages attached for the child support we agreed upon. I know that you can have the child support re-calculated, though I don't know how often, and I know it is based on a lot of factors including the wages that both of you make at the time. I don't think that it is "greedy" to expect an increase if he starts making more money. I think that, with cost of living increases, and the changing needs of the children as they get older, it may be reasonable in some cases to expect more support. I think that the best answer is that she needs to do what she feels is best for her children and her situation. Sometimes maintaining an amicable relationship is the most important goal, but that won't work if she feels resentful over the money she is getting.

Although each state has its own laws which state when child support can be re-evaluated and on what grounds the child support can be re-evaluated, the scenario you are presenting is not the standard. Since they would be setting amounts by agreement and not by State Law, she may not be able to have the child support re-evaluated in accordance with State Law. The Court may look at this agreement as a contract rather than a child support order and, therefore, not allow her to bring it up for re-evaluation. Tell her she needs to get the advice of an attorney in Alabama on this matter or she may be giving up rights without meaning to.

He can draw up whatever paper she wants, but it would be in her best interest to have an attorney look them over before signing anything - I'm sorry, but I find it really sneaky if for some reason he is so insistant she doesn't get an attorney - she has rights. What about the custody of the children? Visitation? How are holidays going to be handled? What if she wants to move? Who is paying for health care? Who is making the decisions for schooling?

There is a lot more to divorce than rent & child support.

I think he is trying to pull something to be honest...

Here is what her options are:

She can have the papers drawn up stating the percentage of his pay that she will recieve (i.e. Husband will pay $650 to wife each and every month as support for the minor children until the minor children are 21 years of age, said amount to be no less than 20% of monthly earnings) so that way if he starts earning more the children will start receiving more money.

or

She can have a set amount put into the papers and if he starts making more money she can go back to court and have him ordered to pay more.

If I was her I would see if they can just agree on a set amount. Depending on how many kids and if they are doing 50-50, or is she having them full placement. My husband and his ex have 50-50 and they have a set amount per week, no matter if he gets a raise or not. After 3 years I believe you can go back to court and have it re-evaluated. I have 50-50 and we also have a set amount. The number one fights between divorcing parents is money and that is a huge no-no. If she is uncomfortable with this then she can contact a lawyer and see what he thinks. I know you can have a free consultation. Hopefully they can sit down and determine what is fair for all parties involved. I wish her the best.

Make sure she does include that if his salary increases, the child support would increase which may make him also put in that if it decreases, the child support could decrease too. Before she signs anything have her seek some type of legal advice. Have her go to her local court house and see if they have any type of legal advocate personnel working there that can look over the papers.

in my state you can have your child support re-evaluated once a year. But I am not sure how that will work since she is agreeing to a price. If she has the state standards for a price and the courts decide on the amount of child support then yeah she can get it changed later... but remember... it can always change lower too!!!

Not on most cases...he would have to come in to some pretty good money for the judge to go back and give you more of his earned money. He is willing to give her rent as well.. I say take it. If the agreement can be agreed upon without lawyers...go for it. Its better off and the judge is more likely to give it to you is the two are no argueing.

In Arkansas to increase child support you have to have it rewritten or go back to court, however, you're supposed to disclose your income anytime there is an increase. And/or give your yearly tax return to the custodial parent.

Good Luck