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17% child support vs share of assets

jeffstueber
jeffstueber
wife and I are going through a marital separation and she has proposed a meager $120 per month child support (now $90) in exhange for me keeping pretty much all of the marital assets. normally at her over $15 per hour she would pay over $400 per month..... sounds ok to me but lawyer says the courts may look at this with a downward frown..... so what may they do instead to monkey screw our plans up? whatcha' think people of vast experience here?
deleted_user
deleted_user
Do ya love your kids?

Take something between what you need and what is fair, leave the rest.
deleted_user
deleted_user
Yes what TD said.... it is about the kids, not the money and the STUFF
WinterBlossom
WinterBlossom
I think if you both agree then there is nothing for the court to decide unless it's just totally out there. That's my understanding from what my lawyer told me. Maybe it's different up there, but what's to argue about if you're both signing willingly?
WinterBlossom
WinterBlossom
And unless your lawyer is your BFF, then he probably doesn't mind if y'all fight it out, it's tough times, ya know? Every extra paper he writes for you...$$$!
MsViv
MsViv
I think that child support and marital assets should not be negotiating points. They are 2 separate things. And that may be why your attorney thinks the court may frown upon it.
lycesq
lycesq
Jeff - just not enough information to give you any kind of an opinion. What are the assets worth (net value). What is guideline child support? I know you can do the math!

Lynne
deleted_user
deleted_user
I too don't have enough information. You can come to a settlement without court if you chose (and can use lawyers to draw up the settlement if you both agree). It truly depends on your situation and the needs of the kids (fiscally, emotionally, etc.).

In my case, I chose to have a court decide due to hidden assets -- but it's a long, hard, and not pretty road. I had no choice if truly I was going to provide for the kids without going into serious debt. The kids dad walked out of their lives (even before this) and is not involved. Best to you in this decision. And yes, very piece of paper and conversation does cost. It depends on your situation.
deleted_user
deleted_user
She should pay the $400 and give you a majority of the assets. It was her idea to leave, does she think there's no price to pay for that? Child support goes along with divorce -- and you won't be able to feed that kid for a week on $120 when he's 16.

Hard as it is to do you've gotta listen to your lawyer and think of this as a business deal.
jeffstueber
jeffstueber
I'm quite the bookeeper so I know the money of this stuff.. our assets (mutual funds, equity in house, etc) probably comes up to between $90 and $100 thousand. I guess I worry that she will be unable to pay her rent, food, etc with that amount of $ coming out of her pay. *yeah I know I'm being a nice guy, can't help it** I'll gladly take the $400 plus a month but I figure she'll balk at that....I dunno, I have to email her this week and let her know what the lawyer said...