Couple with children divorcing but because of financial and other issues are going to live in the same house like roommates. Do we still must get custody orders and child support orders, or the change of our marital status can be done without those orders?
You can divorce without support orders, but you must attest that the children's needs are being met. Invest is some advice from an attorney who is tuned in to truly amicable divorce.
You can state that you have joint legal and joint physical custody; parenting and visitation by mutual agreement. Support can be reserved for future determination.
When you agree on things, the court usually will accepts the agreement. There are certain mandated provisions that have to be in court orders. One provision is FC 3048 - this is for custody orders. Another is FC 5616 on child support orders.
You should include a recital of what the circumstances are. This is important when things change. Further, for child support, you should address who is to hold health insurance, who is to pay uninsured expenses, who is to take the children on their taxes etc.
What you are attempting to do is not unusual. But you should have an attorney at least assist you with the draft to make sure that you comply with the Code.
Ms. Stauss is correct too about the child support. If you agree to no support, you have to include certain statements regarding the facts that the parents are not on welfare etc.
You still need orders, even if the orders are no child support. BUT, it is presumed that a zero child support order is not in the best interests of the children so it is the responsibility of the parties to prove to the court that a zero order will still insure that the children's basic needs will be adequately met and that each party has the adequate resources to meet these needs. This also applies to health care/insurance issues for the children.
Joshua David WallaceFamily Law AttorneySan Diego, CA ·
I agree with my colleagues. Custody, visitation and support will have to be addressed in the Judgment, which is a court order. However, you can choose to make the support order $0 and a joint custody order in accordance with your situation. Good luck.
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
You may simply bifurcate (lawyer misspeak for severe) the issue of marital status from the issues of support, custody, etc. But, you are better off providing some terms for support, custody, assets, and liabilities rather than punting on them in a "bifurcation" Judgment.
