My wife and I are and have been discussing our eminent divorce. Right now everything is very cordial and calm and we both have intentions of keeping it that way but sometimes some issues come up and tension starts. I have many questions, but my first deals with child custody and support. We have two children (7 and 1-1/2) and by all accounts we plan on sharing custody. My wife makes over $150,000 plus bonus yearly. I am a PT teacher (our lives were set in this direction for many reasons) and earn $24,000K (less than her bonus). I plan on quitting teaching and entering the private sector, we also plan on selling our house and paying off all debt - this should leave each of us with about $75,000. Assuming I find employment with $50K yearly and a place to live that can accomodate both children and me, we plan on doing alternating weeks. After all that, my main question is, can my wife and I determine if support (child and alimony) be decided by us and us alone (i.e. - she pays for everything for the children, I mean everything - daycare, diapers, food, clothes, sends them with money when it is my week) or will the state comment on the earning differences and order payment to one of us?
Thank you for your time in answer this and all the other questions - I have found this site to be quite helpful.
To begin with, i checked my support calculator, and if you subtract taxes etc, assuming she has a take home of 10k per month, and you have a take home pay of 1800 per month, she is paying $1300 plus 84% of daycare for the 1.5 year old and that could bring the total transfer payment to you of $1700 or so if you had primary custody with alternate weeks you will need to prepare and sign a Residential Credit Worksheet. This accounts for the fact custody is 50/50 but your incomes are disparate.
also, as a note i don't think that the court will split the property 50/50 you will get at a minimum 60% and probably some degree of maintenance but i would need more time to work that up...
now, to your question: first, all cases must have a support order. absolutely. the next question is the amount of the transfer payment specified. can you allocate your own with no reason or basis for the figure? no. you can not. You must provide a basis for "deviating from the standard calculation". I don't think, based on the limited number of circumstances relayed by you above, that you have a basis to assign her a zero transfer payment even if you state "the wife pays for everything x,yz and you then list the expenses.
but here is the thing, although i don't have the formula posted on my website, i have a calculator for the residential work sheet and i know from doing lots of them that it takes the support way way down. what you could do in your case is if you honestly estimate that you will soon be earning 50K you can put that in the support order. but it could prejudice you later on if litigation ensues) and this will bring it down further.
the court will "comment" as you say on the figures you propose. if they are out of sink with reality. i think i see the goal you want and you are free to have me help you draw up the papers to get you there but you are not in a cut and dry situation..... and alas that is probably why you are posting here but i can't give you the solution without going through your case and asking you a few more questions.
Seattle Divorce and Custody Attorney, Washington Divorce Law)