Q: So me and my soon to be ex-wife decided we did not want to go through the terrible reality of fighting in court and actually have a very functional relationship. So we decided to go the uncontested route, in doing so I hired a lawyer and we drew up a 70 page separation agreement which we are using as the basis of our divorce. In the process of doing so we decided that essentially everything that’s hers, is hers, everything that’s mine, is mine, and we will split our custody 50-50 physical and legal. In that we decided that there won’t be any child support, that shell cover the expenses when our son is with her and ill do the same when he’s with me. Except I will cover all the health insurance obligations and none covered medical treatment. We submitted our contract and the divorce papers 12/15/2020. My question is will the court have a problem with signing our agreement sense there is no official “Custodial parent” and transfer of set payments? And if they don’t how long does it usually take for the court to sign off, I know it depends on case load but what is considered standard? We live in Westchester NY. My lawyer said uncontested divorces rarely get kicked back.
A: It all depends on whether the agreement was done correctly. Regarding the child support, the agreement would still need to go through the presumptive calculations – as by law the higher-earning parent is the presumptive payor of support. Then the agreement would need to make clear the parties are deviating from the CSSA guidelines and provide case-specific reasons for the deviation. For a 2d opinion, schedule a consult with a Westchester Divorce Attorney.