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Our daughter and her husband are going through mediation in Illinois. He wants 50/50 custody. However, he has never had them 50% of the time during the 10 months they have lived apart.
She is fine with 50/50 custody, and fine with no child support because of this. What she is not okay with is no child support, yet still having the children most of the time.
From what she understands, if she agrees to 50/50, and he doesn't follow through, she will have to get an attorney and go to court. The divorce is a result of his lengthy affair. Up until now there has been a lot of tears, and a lot of apologies and foot dragging on his part, but they've been amicable about the children and she wants it to remain that way for the children's sake. She worries that taking him to court to get child support will be adversarial, and change this.
In their situation, 50/50 means no child support. 60/40 means limited child support. Below 40 means full child support payments.
Has anyone been able to structure a divorce so that child support automatically kicks if he doesn't follow through?
If so, how does this work? Does it still involve lawyers and court hearings?
It must be in writing, signed by both individuals.
My advice is to stay away from attorneys and the courts as much as possible. If you think child support is expensive, wait 'til you have attorney bills easily running into the tens of thousands, only to accomplish what the parties could have agreed to originally.
This thread is off-topic for the [intimate] Relationships forum.
Also, please note that C-D does not have a "legal" forum because non-attorney members may not give legal advice in the threads.
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